Decision of the European Ombudsman concerning requests for review
Document - Date Monday | 14 September 2020
Having regard to
Article 10 of the Decision of the European Ombudsman adopting Implementing Provisions and the right of a complainant to request a review of a decision taken on a complaint
The European Ombudsman has decided as follows:
1.1. A complainant can request a review of a decision that a complaint is outside the Ombudsman's mandate or inadmissible, of a decision that there are no grounds to conduct an inquiry, or of a decision closing an inquiry.
1.2. A complainant cannot request a review of a finding of maladministration or any recommendation made following such a finding.
2.1. A request for review shall be made within 2 months from the date of the Ombudsman's decision to which the request relates.
2.2. A request for review shall set out detailed arguments as to why the decision is incorrect.
2.3. In the event that a complainant wishes to put forward new facts relating to the alleged maladministration, the complainant shall demonstrate to the Ombudsman that he/she/it was not in a position to raise these in the complaint or during the inquiry.
3.1. A decision on a request for review in relation to a decision that a complaint is outside the Ombudsman's mandate shall be taken by a staff member different from the staff member who took the original decision.
3.2. A decision on a request for review in relation to a decision on a complaint falling within the Ombudsman's mandate shall be taken by the Ombudsman. A staff member other than the staff member who originally was responsible for the handling of the complaint shall assist the Ombudsman in dealing with such a request for review.
4.1. A decision on a request for review shall be taken within 4 months from the time of its registration. The Ombudsman, or a staff member acting on behalf of the Ombudsman, may extend this time period by another 2 months in duly justified cases.
4.2. The decision on the request for review shall be reasoned and shall set out the action to be taken, if any.
4.3. A decision on a request for review shall be final.
This Decision shall enter into force on the date of its adoption. This Decision repeals the previous decision on the matter.