The complaint to the Commission

1. In April 2018, the complainant sent an infringement complaint to the Commission signalling a breach of the European Convention on Human Rights (‘the Convention’) by his municipality in Spain.

2. In his complaint to the Commission, the complainant referred to the fact that his municipality had repeatedly and unfairly rejected his job applications because he did not speak the local language. The complainant also mentioned having brought this issue to the regional Ombudsman and to the national courts.

3. The complainant considered that the local administration had acted in breach of the Convention[1] and his fundamental rights, discriminating against him because of the language. He also complained of a lack of access to justice and of effective remedies before a national authority.

The Commission’s response to the complainant

4. On 29 August 2018, the Commission replied to the complainant, noting that the issues he had raised did not fall within its competencies as they did not relate to the implementation of EU law. It explained to the complainant that it is for Member States and national courts to ensure respect of human rights.

5. The Commission informed the complainant of the possibility to raise his concerns to the Spanish Ombudsman or to the national courts, as well as to the European Court of Human Rights, once he had exhausted all internal judicial remedies.

6. Dissatisfied with the institution’s response, the complainant turned to the Ombudsman on 28 September 2018.

The European Ombudsman's finding

7. The Commission has given the complainant a clear explanation of its competencies. Indeed, the complainant’s issue is not covered by EU law and, as a result, the Commission has no basis for intervening.

8. Moreover, the Commission has provided the complainant with helpful information on the European Court of Human Rights and the Council of Europe, the organisations established by the European Convention on Human Rights. The Commission has also given the complainant useful advice as to how to seek remedy at national level.

9. Therefore, the Ombudsman[2] finds the Commission’s reply to the complainant comprehensive and correct. There was no maladministration in this case.

 

Lambros Papadias

Head of Inquiries - Unit 3

Strasbourg, 18/12/2018

 

[1] Namely, Articles 1, 6, 9, 10, 13, 14, 17 and 18 of the European Convention on Human Rights. 

[2] This complaint has been dealt with under delegated case handling, in accordance with Article 11 of the Decision of the European Ombudsman adopting Implementing Provisions