Strasbourg, 6 February 2008

Mr José Manuel Barroso
President
European Commission
1049 Bruxelles
BELGIQUE

Mr President,

I am writing to suggest that it could be in the interests of good relations with citizens and the public for the Commission to supplement the information that it makes available to citizens and businesses who make infringement complaints to it in its role as guardian of the Treaty.

My suggestion is prompted by developments in the implementation of the Commission’s Communication of 5 September 2007, A Europe of Results – Applying Community Law(1). This Communication declared that:

[t]he timely and correct application of Community law is essential to maintain a strong foundation for the European Union and ensure that European policies have intended impacts, bringing benefits to citizens.

I agree fully with that statement, which explains the reasons why one of the most vital tasks of the Commission is to be the guardian of the Treaty.

Section 2.2 of the Communication proposed changes to the Commission’s working methods for dealing with infringement complaints. At my request, the Secretary General of the Commission arranged for these proposals to be presented to the Sixth Seminar of National Ombudsmen, held in Strasbourg in October 2007. It was explained on that occasion that the Commission is organising a pilot project, which is scheduled to last for one year. Subsequently, the Commission’s Secretariat General has provided me with further details about the pilot project and exchanges of information between our services are ongoing.

I am most grateful to the Commission’s Secretary General and her staff for their excellent co-operation in this regard.

On the basis of the above-mentioned information, my understanding is that 15 of the 27 Member States will take part in the pilot project, which will require the authorities of the Member State involved to respond directly to the complainant, as well as to the Commission, within 10 weeks.

In my view, this new first step in the Commission’s administrative handling of infringement complaints from the 15 participating Member States could prove useful in empowering citizens and businesses vis-à-vis the relevant Member State authorities and thus promoting accountability at the right level. Indeed, the new step brings the Commission’s procedures closer to those used by the European Ombudsman: following an initial analysis of admissibility, admissible complaints are sent to the Institution concerned with a request for an opinion, which is then forwarded to the complainant, who has the opportunity to submit observations.

It is possible, however, that some complainants may be confused if the Commission is perceived to refer the complainant back to the very authorities against which s/he is complaining, rather than investigating the complaint itself. It would not be surprising if some such complainants were then to turn to the European Ombudsman. For this reason, I would encourage the Commission to include on its infringement website(2) information about the objectives and methods of the pilot scheme, as well as identifying the 15 Member States to which it applies.

It would be important also to re-assure complainants that the procedural guarantees contained in 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(3) will not be affected by the pilot scheme. In particular, it should be made clear that complaints will continue to be registered when they are received by the Commission, unless one or more of the six exceptions set out in point 3 of the 2002 Communication applies and that the Commission will continue to decide either to issue a formal notice, or to close the case, within not more than one year from the date of registration . In this context, I would like to recall the important role that, in accordance with the 2002 Communication, registration plays in ensuring good administrative handling of complaints. It also seems useful to point out that failure to register a complaint constitutes maladministration(4).

Finally, I would like to assure you that I and my services are at your disposal to assist in any way we can to make a success of the pilot project, so as to help the Commission to perform better its vital role as guardian of the Treaty and thereby strengthen citizens’ trust in the European Union and its institutions.

Yours sincerely,

 

P. Nikiforos DIAMANDOUROS

cc: College of Commissioners

---

(1) COM(2007) 502.

(2) https://commission.europa.eu/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-rights_en

(3) Communication to the European Parliament and the European Ombudsman on relations with the complainant in respect of infringements of Community law, OJ 2002 C 244, p. 5.

(4) See, for example, cases 1419/2003/JMA and 446/2007/WP.