Dear Mr X,

You submitted a complaint to the European Ombudsman about how the European Commission handled your complaint about an alleged breach of EU law in relation to access to adequate social assistance in Italy.

In your complaint to the Commission, you contended that local authorities in Italy failed to provide you adequate social assistance (social housing and adequate social aid), in violation of EU law and in particular of the Charter of Fundamental Rights of the European Union. You also contended that Italy misused EU funds in the area of social assistance.

In your complaint to the Ombudsman, you argue that the Commission did not thoroughly analyse your concerns and that the Commission was wrong to consider that the matter you complained about is better dealt with by national authorities.

After careful analysis of all the information you provided with your complaint, we decided to close the inquiry with the following conclusion: 

There was no maladministration by the European Commission.

The Commission enjoys wide discretion in deciding whether and when to commence an infringement procedure.[1] Its policy on infringements of EU law is set out in its Communication EU law: Better results through better application[2]. The role of the Ombudsman in such cases is limited to verifying that the Commission gave clear and reasonable explanations for its decision, and there was no manifest error of assessment.

Based on the information provided in your complaint, there is no evidence of a manifest error of assessment. The Commission does not have the power to assess the level of social assistance provided by local authorities nor individual requests for social assistance. The Commission provided you with clear information why it considers that your complaint lacks sufficient evidence of a general practice or systemic shortcomings in breach of EU law, and that your concerns would better be dealt with at national level.

We appreciate this may not be your desired outcome and sympathise with your difficult situation. We hope you find these explanations helpful. Thank you for having contacted the European Ombudsman.

Yours sincerely,  

Tina Nilsson
Head of the Case-handling Unit

Strasbourg, 02/05/2023

 

[1] Judgment of the Court of 14 February 1989, Starfruit v Commission, case 247/87, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:61987CJ0247.

[2] Communication from the Commission: EU law: Better results through better application (2017/C 18/02), available here.