How we work
The European Ombudsman helps people, businesses, and organisations facing problems with the EU’s administration by dealing with complaints they submit, as well as by seeking to promote good administrative practices by proactively identifying broader systemic issues within the EU institutions and using own-initiative powers. The Ombudsman may open an inquiry only into complaints that are within her mandate and have fulfilled the necessary ‘admissibility criteria’, such as the complainant having previously tried to resolve the matter directly with the institution involved.
Dealing with complaints and inquiries
Complaint received. Go to "Ombudsman inquiry staff assess".
Ombudsman inquiry staff assess if an inquiry can be opened
- If yes, go to "Inquiry opened"
- If no, "No Inquiry" can be for three reasons:
- Issue not within the Ombudsman’s mandate (for example because it does not concern an EU body or falls within an EU body’s political responsibility).
- Complaint is not admissible (for example, because the complainant has not first tried to resolve the matter directly with the EU body, the matter is over two years old or before the courts, or the complainant is not an EU citizen).
- There are no grounds to open an inquiry (for example, because EU body’s reply is reasonable or another body is better placed to deal with the matter).
Inquiry opened
The complainant is informed. Go to "Inquiry".
Inquiry
The Ombudsman assesses the complaint and may:
- ask the EU body to reply or provide more information;
- arrange a meeting with and/or carry out an inspection of documents held by the EU body;
- ask the complainant for information or comments.
Then, four possible cases:
- Complaint can be swiftly resolved, Ombudsman makes solution proposal. Go to "EU Body answer"
- Possible maladministration: in rare cases, Ombudsman sets out preliminary findings. Go to "EU Body answer"
- Ombudsman finds maladministration. Go to "Ombudsman finds maladministration"
- Ombudsman finds no maladministration. Go to "Closing decision"
EU Body answer
- EU body accepts, matter is settled. Go to "Closing decision"
- EU body rejects. Go to "Ombudsman finds maladministration"
Ombudsman finds maladministration
- Ombudsman makes recommendations to address maladministration. Institution to give opinion within 3 months. Complainant may submit comments. Go to "Closing decision"
- No recommendation possible or feasible. Go to "Closing decision"
Closing decision
Sets out definitive findings:
- No maladministration
- No further inquiries justified
- Recommendation/solution accepted - case settled
- Maladministration confirmed
Ombudsman may make suggestions for improvement
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Own-initiative inquiries and other powers
Own-initiative inquiries
The European Ombudsman has the power to conduct inquiries on her own initiative.
(i) ‘Strategic inquiries’: Where the Ombudsman identifies important issues of potential maladministration with a systemic relevance in one or more EU body, she may decide to open an own initiative inquiry.
(ii) Complaint-based: Where the complainant does not meet the ‘admissibility criteria’ to be eligible to submit a complaint (for example, a non-EU citizen or resident), but where there are grounds to suspect potential maladministration, the Ombudsman may decide to open an inquiry. These inquiries then follow the standard procedure for complaint-based inquiries.
These inquiries follow a similar procedure to complaint-based inquiries, where a decision has been made to open an inquiry. However, the Ombudsman may take additional inquiry steps such as carrying out ‘parallel inquiries’ on the issue with national ombudsman offices in EU Member States or carrying out ‘consultations’ with stakeholders impacted by or following the issue.
Non-inquiry based initiatives
‘Strategic initiatives’: Where the Ombudsman identifies important issues of potential systemic relevance in one or more EU institution, but where she deems the matter does not necessitate conducting an inquiry along the lines of the standard inquiry procedure, she may decide to launch a strategic initiative.
Such an initiative can take the form of a letter to the EU body concerned, setting out the Ombudsman’s observations on the issue. Depending on the reply of the EU body, the initiative is closed with a closing note. In some cases, the Ombudsman may decide to open a strategic inquiry, based on the findings of a strategic initiative.
Public/stakeholder consultations
Where the Ombudsman wishes to gather more information about a systemic matter concerning the EU administration, in advance of any inquiry or initiative steps, she may carry out consultations of relevant stakeholders or the wider public. Such consultations may lead the Ombudsman to take further measures. As mentioned above, the Ombudsman may also organise consultations in the context of inquiries.