Letter: from the European Ombudsman to the President of the European Parliament regarding the European Code of Good Administrative Behaviour

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  • Případ: OI/1/98/OV
    Otevřeno dne 11.11.1998 - Návrh rozhodnutí ze dne 13.9.1999 - Zvláštní zpráva ze dne 11.4.2000 - Rozhodnutí ze dne 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002, 5.2.2002
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Strasbourg, 11 March 2002

Mr Pat Cox
President
European Parliament
Rue Wiertz
B - 1040 Brussels

Mr President,

I am writing to inform you of the follow-up that the Ombudsman intends to give to points contained in two Resolutions adopted by the European Parliament on 6 September 2001.

The European Code of Good Administrative Behaviour

In July 1999, the European Ombudsman recommended a draft Code of Good Administrative Behaviour to the Community institutions and bodies in the context of his own-initiative inquiry into the subject(1). The European Parliament has approved a slightly revised version of the Ombudsman's draft(2) and called on the Ombudsman to "apply the Code in examining whether there is maladministration, so as to give effect to the citizens' right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union."(3)

The Ombudsman will therefore take into account the rules and principles contained in the Code in his inquiries under Article 195 EC into possible instances of maladministration in the activities of the Community institutions and bodies.

The Code contains the rules and principles which European Union institutions and bodies, their administrations and their officials should respect in their relations with the public. It informs citizens of what they have a right to expect from the administration and officials of how they should behave in dealing with the public.

As a result of the own-initiative inquiry mentioned above, the Ombudsman is aware that most Community institutions and bodies have already adopted codes in various forms and, in many cases, the Code recommended by the Ombudsman. The adoption of such codes has been a positive development for both citizens and civil servants. However, the Code approved by the Parliament on 6 September 2001 is a more developed document and Community institutions and bodies may wish to consider adopting it by decision.

Institutions and officials who follow the Code can be sure that they will thereby avoid instances of maladministration.

I have pleasure in enclosing copies, in all 11 official languages, of a brochure which contains the text of the Code of Good Administrative Behaviour. If you require further copies, please contact us. Please note that this document is also available on our website (www.ombudsman.europa.eu).

Follow up to critical remarks

According to the implementing provisions adopted by the European Ombudsman under Article 14 of the Statute of the Ombudsman, the Ombudsman makes a critical remark if he considers:

  • that it is no longer possible for the institution or body concerned to eliminate the instance of maladministration and
  • that the instance of maladministration has no general implications.

The European Parliament has drawn attention to "the need, having regard specifically to the small number of complaints that the Ombudsman concludes with critical remarks, to ensure that the competent Community authorities act within a reasonable deadline to correct the maladministration for which they have been reprimanded."(4)

In order to give effect to this Resolution, the Ombudsman has established from the beginning of 2002 a register of critical remarks. The Ombudsman will periodically request information from each Community institution and body concerning the follow-up which it has given to any critical remarks addressed to it, so as to help avoid similar instances of maladministration in the future.

I would like to take this opportunity to thank all the Community institutions and bodies for the good co-operation which they have shown during the Ombudsman's inquiries. Your co-operation is a vital element in the task of enhancing the Union's relations with its citizens.

Yours sincerely,

 

Jacob SÖDERMAN

(1) OI/1/98/OV

(2) European Parliament resolution on the European Ombudsman's Special Report to the European Parliament following the own-initiative inquiry into the existence and the public accessibility, in the different Community institutions and bodies, of a Code of Good Administrative Behaviour (C5-0438/2000 - 2000/2212 (COS))

(3) European Parliament resolution on the annual report on the activities of the European Ombudsman (C5-0302/2001 - 2001/2043(COS)), point 7.

(4) Ibid, point 9.