The Code of Conduct for EU Election Observers

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  • Case: 2635/2010/(MB)TN
    Opened on 31 Jan 2011 - Decision on 07 Sep 2012
  • Institution(s) concerned: European Commission
  • Field(s) of law: External relations
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Notification of the decision [Article 20 ECGAB]
  • Subject matter(s): Execution of contracts
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Copyright: Stocklib ©

Summary of the decision on complaint 2635/2010/(MB)TN (confidential) against the European Commission

The complaint concerns the European Commission's alleged failure to notify the complainant of its finding that he breached the Code of Conduct of the EU Election Observation Missions.

After having served as an EU Election Observer, the complainant was informed by third parties that the Commission had found him to have breached the Code of Conduct for such Observers. The complainant was concerned about the fact that this decision had not been communicated to him and that it would affect his chances of being selected for future EU Election Observation Missions.

The Ombudsman identified a number of problems in the procedure applied by the Commission. He was not fully convinced that the complainant's rights as guaranteed by the Charter of Fundamental Rights of the European Union, as well as the European Code of Good Administrative Behaviour, had been respected. The Ombudsman therefore made a proposal for a friendly solution, suggesting measures that the Commission could take to put things right, as regards (i) the complainant's personal situation and (ii) the general procedure followed.

Concerning the complainant's personal situation, the Commission settled the case by providing assurances that the complainant remains a fully eligible candidate for future EU Election Observation Missions.

Concerning its general procedures for finding a breach of the Code of Conduct for EU Observers, the Commission's response indicated that it was already implementing the Ombudsman's suggestion to carry out a review. The Ombudsman welcomed the review and made certain suggestions in relation to it.