Letter from the European Ombudsman opening own-initiative inquiry OI/2/2011/OV concerning the European Commission

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  • Caso :  OI/2/2011/OV
    Aperto(a) il 18-apr-2011 - Progetto di raccomandazione del 28-mar-2012
  • Ambito(i) giuridico(i) :  Questioni generali, istituzionali e finanziarie
  • Tipi di presunta cattiva amministrazione – (i) violazione di, o (ii) violazione degli obblighi connessi a :  Legalità (scorretta applicazione di norme sostanziali e/o procedurali) [Articolo 4 CEBCA]
  • Oggetto(i) :  La Commissione nel suo ruolo di custode dei trattati: articolo 258 del TFUE (ex articolo 226 del trattato CE)

Mr José Manuel Barroso
President
European Commission
B - 1049 BRUSSELS
BELGIQUE

 

Strasbourg, 18-04-2011

Own-initiative inquiry OI/2/2011/OV concerning the European Commission

 

Dear Mr President,

Article 228 of the Treaty on the Functioning of the European Union empowers the European Ombudsman to conduct inquiries on his own initiative in relation to the activities of the Union institutions, bodies, offices or agencies.

On 5 September 2007, the Commission launched its "EU Pilot Project" via its Communication entitled A Europe of Results - Applying Community Law[1]. The EU Pilot Project introduced a novel way of dealing with complaints concerning alleged infringements of EU law. In this framework, the Commission also introduced a new system entitled "Complaints Handling - Accueil des Plaignants" (CHAP) for registering complaints and enquiries relating to the application of EU law by a Member State.

More than three years have now passed since the EU Pilot was introduced. As I mentioned during my meeting with the College of Commissioners on 15 February 2011, I am aware that the Commission’s 2002 Communication to the European Parliament and the European Ombudsman on relations with the complainant in respect of infringements of Community law[2] (the 'Communication') needs revising to take account of the CHAP registration system and the EU Pilot. In particular, my inquiries into complaints concerning the way in which the Commission deals with infringement complaints lead me to believe that it is essential to clarify the relationship between the EU Pilot and the procedural guarantees for complainants set out in the Communication.

I have therefore decided to open an own-initiative inquiry into the Commission's application of the procedural rules set out in the 2002 Communication.

In line with the above, I would appreciate it if the Commission could inform me of its position on the relationship between the EU Pilot and the Communication and whether it proposes to revise the said Communication in light of the experience and insights derived from the application of the EU Pilot in the handling of infringement complaints. If the Commission indeed intends to revise the Communication, I would also be grateful if it could inform me of its timetable for such a revision, explain the current state of its reflections and indicate whether it envisages consulting the European Ombudsman in this context.

I would be grateful if the Commission could send its opinion by 31 July 2011 at the latest.

If you should have any queries concerning this case, please to not hesitate to contact Mr Olivier Verheecke (+ 32 2 284 20 03) who will be responsible for this inquiry.

Yours sincerely,

P. Nikiforos Diamandouros


[1] COM(2007) 502 final, 5 September 2007.

[2] COM(2002) 141 final, OJ 2002 C 244, p. 5.