The complaint to the European Commission

1. On 5 April 2018, the complainant wrote to the European Commission. He was mainly concerned that the Slovak judiciary does not respect the right to a fair trial and the right to effective judicial protection. He referred to ongoing legal proceedings before Slovak courts to which he was a party and which had already lasted some 23 years.

The European Commission’s response to the complainant

2. On 25 June 2018, the Commission replied to the complainant. It said that it has no general power to intervene in the Member States and can only intervene when there is an EU law issue. The Commission could not identify any EU law issue in this case. The Commission informed the complainant that, in such cases, it was for the Members States, including their judiciary, to ensure the respect for fundamental rights in accordance with their national law and international law.

3. The complainant was not satisfied with the Commission’s reply and turned to the Ombudsman. He considered that the Commission’s reply was unlawful and belated.

The European Ombudsman's finding

4. The Commission informed the complainant correctly that it has limited powers. In principle, the Commission may take action upon complaints only where there is an issue concerning the application of EU law. The information provided by the complainant suggests that no EU law issue was at stake in this case.

5. The Ombudsman further notes that the complainant sent his complaint to the Commission by post and that his complaint was dated 5 April 2018. It is however not clear when the complaint reached the Commission. The Commission replied on 25 June 2018, that is, apparently between two and three months since it received the complaint.

6. In accordance with the European Code of Good Administrative Behaviour, EU institutions should reply to correspondence within two months (Article 17). Moreover, in accordance with its own rules, the Commission should take a position on an infringement complaint within 12 months. Thus, the Ombudsman finds that the time needed by the Commission to send a full substantive reply was reasonable.  

7. Based on the information provided by the complainant, the Ombudsman finds no maladministration in this case.

 

Marta Hirsch-Ziembińska

Head of Inquiries and ICT - Unit 1

Strasbourg, 15/04/2019