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Europski ombudsman
Europski ombudsman

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Decision of the European Ombudsman in the above case on how the European Commission handled an infringement complaint against Germany regarding child bullying

Odluka
Slučaj 893/2019/NH - Otvoren Četvrtak | 06 lipnja 2019 - Odluka donesena Četvrtak | 06 lipnja 2019 - Predmetna institucija Europska komisija ( Nije utvrđen nepravilan rad uprave ) - Država Njemačka

Dear Mr X.,

On 19 May 2019, you submitted a complaint to the European Ombudsman about how the European Commission dealt with your infringement complaint concerning the mistreatment of your son in different German schools and alleged denial of access to justice.

Based on the information you provided us, the Ombudsman finds no maladministration by the Commission.

The reason is that the European Commission has accurately concluded that it is not allowed to investigate the matter you complained about.

The European Union can only do what the countries in the Union ask it to do. For instance, the European Union can make laws about agriculture and trade. By contrast, the countries in the European Union have not given the European Union the power to make laws in relation to the issues you mention in your complaint to the Commission (that is, issues related to the German education system and criminal law).

As the issues that you have with how German authorities handled your son’s situation do not fall within the EU’s powers, the Commission cannot act against the German authorities in this case. This is why the Commission closed your infringement complaint on 24 April 2019.

Although you might have exhausted all remedies at national level, this does not change the fact that the matters of your concern do not fall within the EU’s powers and therefore cannot be investigated by the Commission.

From the documents you have sent to the Ombudsman, it appears indeed that you have already complained about the issues you raise to several German authorities, such as the Petitions Committee of the German Parliament, the Berlin Public Prosecutor's office and the German Antidiscrimination Office. The Commission has informed you that you could consider seeking the assistance of a lawyer to help you find alternative remedies available at national level. I agree with that advice. A lawyer could also advise you regarding the possibility to bring the issue to the European Court of Human Rights: https://www.echr.coe.int/Pages/home.aspx?p=applicants/ger&c=  

I realise that this decision will disappoint you, but I hope that the above information and explanations are nevertheless helpful.

The Ombudsman closes the case.

 

Yours sincerely,

 

Tina Nilsson

Head of Inquiries - Unit 4

Strasbourg, 06/06/2019