The European Ombudsman, Jacob Söderman, has called for a chapter on remedies to be included in a future constitutional Treaty. This chapter would set out the possibilities for judicial and non-judicial redress when Community law rights are not respected. The remedies would also protect fundamental rights, assuming that the Charter of Fundamental Rights is made binding when applying Community law.

The Ombudsman made this proposal in his role as observer to the European Convention. According to Mr. Söderman, "citizens do not know how to protect their Community law rights", as remedies are not set out in the current Treaty.

The chapter on redress should inform citizens that they have the right to:

• go to national courts to defend their rights under Community law;
• petition the European Parliament about infringements of Community law by Member States;
• complain to an ombudsman or similar body in each Member State.

The European Ombudsman is willing to deal with cases of principle involving fundamental rights, assuming that the Charter is made binding whenever Community law is being applied. He could be responsible for referring such cases to the Court of Justice, if a normal ombudsman investigation does not bring about a solution.

 

The Ombudsman's speeches to the Convention can be found on his website at:

 http://www.ombudsman.europa.eu/activities/speech.faces/en/315/html.bookmark

http://www.ombudsman.europa.eu/activities/speech.faces/en/316/html.bookmark

For further information, please call Mr. Ian Harden, Head of the Legal Department, tel:+32 (0) 2 284 38 49.