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OI/5/2005/PB

With regard to the argument that the number of complaints might increase if candidates were to receive more information on the assessment of their test, the Ombudsman considered that it is not compatible with the Rule of Law to withhold information from individuals participating in an administrative procedure, in order to prevent or discourage them from exercising their right to complain against the said procedure's outcome. Furthermore, the Ombudsman had already informed EPSO of the fact that he only opens inquiries "for which he finds grounds" (Article 195(1), second paragraph, of the EC Treaty). The more information new complaints contain, the better the Ombudsman can assess whether there are in fact grounds for opening an inquiry. Conversely, lack of information, resulting from current secrecy practices, will normally lead to an inquiry being opened to allow the Ombudsman fairly to assess the matter.Therefore, even if EPSO's argument regarding the number of complaints were to be correct, better information to candidates would probably lead to fewer inquiries by the Ombudsman. Such inquiries involve a great deal of staff time for both EPSO and the Ombudsman. Concern for the efficient use of Community budgetary resources should thus lead EPSO to seek to minimise the number of such inquires by providing more and better information to candidates.