More transparency, better service

He asks for “more transparency” and “greater attention to citizens” and is convinced that “good administration” at the Community level may effectively bring Europeans closer to the institutions of the Union. On presenting his annual Report for 2009, entitled “Compendium 2009”, on his activities for the past year on 29 April, the European Ombudsman, Nikiforos Diamandouros, pointed out various “challenges and opportunities” that must be seized to bring the European Union closer to the citizens of the 27 member states.Respecting the Charter of Fundamental Rights. Diamandouros, elected to the role of Ombudsman (as the EU Mediator or “citizens’ counsel for the defence” is called) in 2003, presented his Annual Report at the headquarters of the European Parliament by asserting: “The Charter of Fundamental Rights is now legally binding” thanks to the entry into force of the Lisbon Treaty; “it confers on citizens the right to good administration and the right to gain access to documents. I intend to increase my efforts to ensure that these rights be taken seriously” by the EU institutions. The Greek jurist explained that “this is an exciting period to head this institution: one of the main activities of the Ombudsman for the next five years will in fact be that of helping to ensure that the EU effectively guarantee” to individuals, families, businesses and associations “all that’s established in the Lisbon Treaty”.Complaints and investigations. The Report says that 3,098 complaints were received by the Ombudsman (whose office is an independent agency elected by the European Parliament) in 2009, compared with 3,406 in 2008. “In 80% of cases we responded positively to the requests of citizens, by opening an internal investigation, or by transferring the dossier to the competent institution, or by furnishing the explanations requested”. The investigations launched into the various EU administrations totalled 339, of which 318 were closed. The Ombudsman pointed out that “most of the investigations conducted in 2009 concerned the Commission (56% of cases), followed by the Parliament, the European Office for the Selection of Personnel, the European Council and Court of Justice”. The most common complaints concerned “lack of transparency”, “the refusal to provide information”, the abuse of power, delays of various kinds, unsatisfactory procedures and negligence. “In half the cases tackled”, explained Nikiforos Dimandouros, “the institution called into question accepted a friendly solution that satisfied the complainant”. Germany and Spain at the top of the league table. The Ombudsman’s document also reports the countries from which the largest number of complaints are received: Germany takes first place with 413 cases in one year, followed by Spain (389), Poland and France (235), Belgium (207), Italy (183), the UK (176), and Portugal (102). In proportion to the number of inhabitants, on the other hand, the classification is headed by Luxembourg, followed by Malta, Cyprus and Belgium. In commenting on the Report, Diamandouros described a series of specific cases in which he has intervened: he cited one case concerning the Commission, one the European Central Bank in Frankfurt, and one the anti-fraud office. Often citizens complain about the Office for the selection of personnel, which last year, for example, “accepted to permit all candidates to learn of the outcome of the competitive exams” held by the institutions of Strasbourg, Brussels and Luxembourg for appointments to jobs in the EU. But the Ombudsman also recalled that “he had praised the Commission for the support it had shown to a German citizen in a case relating to the rights of passengers”.A “declaration” specifying role and tasks. “The number of invalidated complaints has fallen, especially thanks to an interactive guide, published on the website of the Ombudsman, which spells out to citizens, businesses and non-governmental organizations his fields of competence, how – and, if necessary, to whom – to complain in the case of someone feeling that his own rights have been violated”. In fact the website of the institution (which is based in Strasbourg), www.ombudsman.europa.eu, is an essential tool to guide citizens, or those that represent them, in lodging a complaint to the Ombudsman in order to vindicate a right that has been violated or ignored. A summary “declaration” was also adopted in 2009, specifying the role and tasks of this office: “The European Ombudsman – says the declaration – proposes to resolve in a fair way the complaints brought against the institutions of the European Union, encourage transparency and promote an administrative culture of service. He aims to build trust through dialogue between citizens and EU, and foster the highest standards of conduct in the institutions of the Union”.