Failure to respond to requests for an independent external audit of the European Schools

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  • Case: 0814/2010/JF
    Opened on 12 May 2010 - Draft recommendation on 12 Aug 2011 - Decision on 02 Apr 2012
  • Institution(s) concerned: European Commission
  • Field(s) of law: General, financial and institutional matters
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Requests for information [Article 22 ECGAB]
  • Subject matter(s): Institutional and policy matters
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Summary of the decision on complaint 814/2010/JF against the European Commission

The high repeat rates in the European Schools (the 'ES') in Brussels, in particular in the French-speaking section and in the science classes, have been long discussed by parents' associations, the European Commission, and the governing bodies of the ES. The complainant, an independent association of Commission officials, asked the Commission to organise an independent external audit of the ES, in particular on issues relating to school failure and governance. Since it was not satisfied with the Commission's replies, the complainant turned to the European Ombudsman.

In reply to the Ombudsman's inquiry, the Commission first referred to the reform of the ES launched in 2009 which, among other things, provided for a number of control mechanisms of the quality of the ES' pedagogical work. The Ombudsman found that such control mechanisms were internal rather than external and that, consequently, they did not adequately address the complainant's claim that an external independent audit should be organised. He therefore made a draft recommendation asking the Commission properly to address that claim.

The Commission then informed the Ombudsman that it suggested that the ES participate in a study conducted by the Organisation for Economic Cooperation and Development (the 'OECD') on the knowledge acquired by pupils near the end of their compulsory education. This, according to the Commission, would allow for solutions to be found to the problem of the high failure rates in the ES.

The Ombudsman disagreed with the Commission's position outlined above. He pointed out that the Commission's proposal appeared to follow a suggestion made by the European Parliament that the ES seek inspiration from the best education systems in the world, as identified in the OECD's above-mentioned study. He then took the view that participating in that study would not adequately satisfy the complainant's claim for an external independent audit of the ES. He finally made a finding of maladministration and closed the case with a critical remark to the Commission.