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OI/3/2008/FOR
Digest - Date Friday | 06 July 2012
In order for the right to be heard to be made effective, clear mechanisms must be established, whereby persons can challenge their proposed and intended inclusion on the EWS. As a first step in such clear mechanisms, a rule should be established that the person concerned should be informed ex officio of his/her/its proposed inclusion in the EWS. The Ombudsman notes that the right to be heard is rendered illusory if the persons included on the EWS can only obtain information about their inclusion in the EWS upon request. It is necessary, in that context, to inform the persons concerned of the purpose of the EWS, of the meaning of the warning that applies to them, of the facts which gave rise to the proposal to include them on the EWS, and their rights in relation to the rectification of any errors relating to the warning that applies to them. Such mechanisms should include the designation of a separate service within the Commission to review any administrative challenge to a proposed EWS warning. Put otherwise, the person/services responsible for proposing an EWS warning should not carry out this review. The procedures for making a request for review should be made public (in a reviewed EWS Decision). Persons should also be specifically informed that they have the right to challenge the position taken by the review body before the EU courts or the Ombudsman.