Brussels, 17 November 2005


***Check against delivery***

Dear European Ombudsman,

Ladies and gentlemen,

On my own behalf and on behalf of the Commission, I would like to celebrate with you the 10th anniversary of the institution of the European Ombudsman, as represented by Mr Nikiforos Diamandouros. I am pleased that this anniversary will allow us today to meet all the representatives of the EU institutions and bodies concerned by the Ombudsman’s inquiries. I would also point out, on this occasion, that the Commission played a dynamic role in the inter-institutional debate that preceded the creation of the institution of the European Ombudsman, and that, since then, it has not spared its support!

Under the mandate of Mr Söderman, the first European Ombudsman, and Mr Diamandouros today, the institution of the Ombudsman has grown considerably, in a very short period of time, as evidenced by the ever-increasing number of cases submitted to it. It has been more effective - and recognised - in promoting good European administration and respect for the principles of the rule of law and human rights. Today, the European Ombudsman has earned his reputation as a guarantor of good administration!

Your action has helped us understand that citizens’ complaints about the functioning of the European administration should not be seen as a threat, and therefore the institutions should not be placed in a defensive position. On the contrary, individual cases of maladministration can reveal latent or systematic problems. From this point of view, the power granted to you to open investigations on your own initiative can be particularly valuable.

You have enabled a direct and effective dialogue with citizens. Because this dialogue is a fundamental imperative for us, we will align our action with the objectives of Plan D by helping to strengthen public trust in the EU institutions and by encouraging a broader debate between the European democratic institutions.

Admittedly, the external control role of your institution necessarily leads to an element of tension. But it is also a valuable resource, as citizens’ complaints provide the officials responsible with a very useful source of information: they give the institutions the opportunity to review the functioning of their organisation and take corrective action to improve its quality.

The close cooperation between the Commission and the institution you represent has already yielded a number of results. Suffice it to mention the example of the abolition of the age limit for open competitions and temporary traineeships, or that of amicable solutions concerning access to documents and late payment of invoices.

As regards the handling of complaints, I agree with you that in several cases the European authorities took the appropriate steps to resolve a dispute as soon as it was referred to them and that in other cases it was possible to find amicable solutions.

As you pointed out at the very constructive meeting we had last May, you often draw attention in your communications to the Commission’s willingness to resolve complaints in favour of citizens, which often results in amicable settlements between our institution and the complainants. You have indicated your intention to propose such solutions as often as possible, in particular when it comes to remedying possible instances of maladministration by the Commission.

Through Ms Wallström, the Commission stated that it would focus on the amicable solutions proposed by the Ombudsman. She added that, in order to correct some of the issues raised by the complaints, the Commission should promptly take into account your recommendations regarding their follow-up.

Finally, the Commission wanted to give a symbolically strong impact to its commitment to the European citizen by hoping that every investigation would be subject to genuine political ownership. It has therefore amended some of its empowerment rules to involve the competent Commissioners more closely in the replies sent to the Ombudsman.

During your meeting with the College, you asked the Commission to take the initiative to propose a single code of good administrative behaviour for all EU institutions and bodies. In your view, that measure would be in line with the fundamental right to good administration laid down in Article 41 of the Charter of Fundamental Rights.

The Commission adopted in 2000 a Code of Good Administrative Behaviour which applies to its staff. This code is very much based on the one you developed and adopted by both the European Parliament and several EU bodies. Like the European Parliament, you deplore the coexistence of several codes, because you consider it harmful and confusing for European citizens. The Constitutional Treaty would have addressed this problem as it provided the legal basis for an initiative in this area. Given the circumstances, we need to look for a new formula.

We attach great importance to this issue and consider it with the greatest openness. The recent establishment of the European School of Administration is a testament to its urgency and importance. The Commission will report to the relevant bodies on its reflections on the subject. I think we can come to a positive conclusion.

The resolution on the Mavrommatis report that Parliament recently adopted highlights the excellent cooperation between the Commission and your institution. It is therefore on the solid basis of the results already achieved and the progress already made that we must strengthen our collaboration.

At both political and administrative level, it would be good and useful to foster the creation of an informal network that allows for exchanges of views and facilitates the resolution of problems arising from the handling of certain complex and difficult complaints. A genuine spirit of cooperation should also be fostered.

Our cooperation, which we have taken stock of and identified for the future, has, as we have just seen, a number of complex aspects.

Nevertheless, we share the same aim: be at the service of our citizens and place them at the heart of our action. So let us combine our efforts to ensure a harmonious functioning, with the current and future instruments that we will have at our disposal!

I would like to thank all those who have contributed to the success of the idea of European mediation and who want to move forward in defending the interests of citizens and their right to good European administration.