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European Ombudsman

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161-510: The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with the EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman

322-442: A sui generis political entity combining the characteristics of both a federation and a confederation . Containing 5.8% of the world population in 2020, EU member states generated a nominal gross domestic product (GDP) of around US$ 16.6   trillion in 2022, constituting approximately one sixth of global nominal GDP . Additionally, all EU states except Bulgaria have a very high Human Development Index according to

483-688: A European customs union for the struggling post-war European economies, and in 1923 the oldest organisation for European integration, the Paneuropean Union was founded, led by Richard von Coudenhove-Kalergi , who later would found in June 1947 the European Parliamentary Union (EPU). Aristide Briand —who was Prime Minister of France , a follower of the Paneuropean Union, and Nobel Peace Prize laureate for

644-669: A proposal that linked funding with adherence to the rule of law . The budget included a COVID-19 recovery fund of €750   billion. The budget may still be approved if Hungary and Poland withdraw their vetoes after further negotiations in the council and the European Council . Bodies combatting fraud have also been established, including the European Anti-fraud Office and the European Public Prosecutor's Office . The latter

805-481: A " collective head of state " and ratifies important documents (for example, international agreements and treaties). Tasks for the president of the European Council are ensuring the external representation of the EU, driving consensus and resolving divergences among member states, both during meetings of the European Council and over the periods between them. The European Council should not be mistaken for

966-611: A broad forum to further cooperation and shared issues, achieving for example the European Convention on Human Rights in 1950. Essential for the actual birth of the institutions of the EU was the Schuman Declaration on 9 May 1950 (the day after the fifth Victory in Europe Day ) and the decision by six nations (France, Belgium, Netherlands, Luxembourg, West Germany and Italy) to follow Schuman and draft

1127-443: A complaint received and conduct inquiries on its own initiative. As methods of action, it can require the institution concerned for information, it can inspect the institution's files and it can take testimonies from officials. The European Ombudsman complements the work of the courts, as it offers an alternative way for citizens to resolve disputes with the EU administration, without incurring in costs such as lawyers or fees. However,

1288-703: A major soft drinks company in the context of the Presidency. The Ombudsman considered that "as the Presidency is part of the Council, its activities are likely to be perceived by the wider European public as being linked to the Council of the EU as a whole" and might entail "reputational risks". The Council ended up agreeing to the European Ombudsman consideration and drew guidance for Member States indicating that they would no longer accept sponsorship in

1449-643: A meeting with President of the European Commission José Manuel Barroso shortly after his newly elected government won the confidence of Parliament. In May 2014, the Council of the European Union formally withdrew their recommendation to hold an Intergovernmental Conference of member states to consider the proposed amendments to the treaties. The Charter contains some 54 articles divided into seven titles. The first six titles deal with substantive rights under

1610-468: A multiple sclerosis drug, the Ombudsman made a friendly solution proposal on it with some detailed suggestions for the particular case, trying to achieve the transparency the complainant was requesting. EMA positively received this and fully accepted the friendly solution proposal by European Ombudsman. European Ombudsman works to ensure that the EU's democratic decision-making process is characterized by

1771-420: A new convention. In January 2014, after presidential and parliamentary elections the previous year had resulted in new leadership in the country, new Czech Human Rights Minister Jiří Dienstbier said that he would attempt to have his country's request for an opt-out withdrawn. This was confirmed on 20 February 2014 by the new Prime Minister Bohuslav Sobotka , who withdrew the request for an opt-out during

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1932-546: A permanent president of the European Council , the first of which was Herman Van Rompuy , and strengthened the position of the high representative of the union for foreign affairs and security policy . In 2012, the EU received the Nobel Peace Prize for having "contributed to the advancement of peace and reconciliation, democracy, and human rights in Europe". In 2013, Croatia became the 28th EU member. From

2093-549: A pooled military aid package to Ukraine for lethal weapons funded via the European Peace Facility off-budget instrument. Next Generation EU ( NGEU ) is a European Commission economic recovery package to support the EU member states to recover from the COVID-19 pandemic , in particular those that have been particularly hard hit. It is sometimes styled NextGenerationEU and Next Gen EU , and also called

2254-460: A possibility of strong changes in the 2024 elections. Since the end of World War II , sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty ) in an increasing number of areas, in the European integration project or the construction of Europe ( French : la construction européenne ). The following timeline outlines

2415-659: A post-war world and Europe increasingly became a part of the agenda. This led to a decision at the Yalta Conference in 1944 to form a European Advisory Commission , later replaced by the Council of Foreign Ministers and the Allied Control Council , following the German surrender and the Potsdam Agreement in 1945. By the end of the war, European integration became seen as an antidote to

2576-542: A quick constructive and good outcome for the complainant. However, this method is far from being effective to provoke systemic change in the public interest. If the institution rejects the proposed friendly solution, then the European Ombudsman can proceed to the powers of Article 4 of the Statute and draft recommendations for the institution concerned. Such recommendations are published in the Ombudsman's website, creating therefore some publicity and raising public attention to

2737-444: A response informing the complaint that all advice from European Ombudsman had already been provided. Finally, 365 complaints (17% of all complaints dealt with that year) resulted in the opening of formal inquiries for further analyses. European Ombudsman reports that in 2019, "the EU institutions responded positively to the Ombudsman's proposals (solutions, recommendations, and suggestions) in 79% of instances". Out of 119 proposals from

2898-598: A right of unilateral withdrawal under Article 50 of the Treaty on European Union. In addition, the principle of subsidiarity requires that only those matters that need to be determined collectively are so determined. Under the principle of supremacy , national courts are required to enforce the treaties that their member states have ratified, even if doing so requires them to ignore conflicting national law, and (within limits) even constitutional provisions. The direct effect and supremacy doctrines were not explicitly set out in

3059-613: A set number of seats and is divided into sub-national constituencies where this does not affect the proportional nature of the voting system. In the ordinary legislative procedure , the European Commission proposes legislation, which requires the joint approval of the European Parliament and the Council of the European Union to pass. This process applies to nearly all areas, including the EU budget . The parliament

3220-651: A statement to that effect was inserted into the Maastricht Treaty . It was only in 1999 that the European Council formally went about the initiating the process of drafting a codified catalogue of fundamental rights for the EU. In 1999 the European Council proposed that a "body composed of representatives of the Heads of State and Government and of the President of the Commission as well as of members of

3381-527: Is Emily O'Reilly . The European Ombudsman has offices in Strasbourg and Brussels . The European Ombudsman was established by the Maastricht Treaty and the first, Jacob Söderman of Finland, was elected by Parliament in 1995. The current Ombudsman, Emily O'Reilly of Ireland, took office on 1 October 2013. The European Ombudsman is elected by the European Parliament . The Ombudsman

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3542-646: Is a decentralized independent body of the European Union (EU), established under the Treaty of Lisbon between 22 of the 27 states of the EU following the method of enhanced cooperation . The European Public Prosecutor's Office investigate and prosecute fraud against the budget of the European Union and other crimes against the EU's financial interests including fraud concerning EU funds of over €10,000 and cross-border VAT fraud cases involving damages above €10 million. Member states retain in principle all powers except those that they have agreed collectively to delegate to

3703-507: Is a right of an EU citizen , according to the EU treaties , to take a case to the Ombudsman. One example of a case dealt with by the Ombudsman involved a late payment from the commission to a German science journalist. The Commission explained the delay, paid interest and accelerated future payments to experts. On another occasion, following a complaint from a Hungarian, EPSO agreed to clarify information in recruitment competition notices concerning eligibility and pre-selection tests. A third case

3864-640: Is based in Kirchberg, Luxembourg City alongside the Court of Justice of the European Union and the European Court of Auditors. Constitutionally, the EU bears some resemblance to both a confederation and a federation , but has not formally defined itself as either. (It does not have a formal constitution: its status is defined by the Treaty of European Union and the Treaty on the Functioning of

4025-476: Is elected for the term of 5 years and the term is renewable. At the request of Parliament, the Ombudsman may be removed by the Court of Justice if "(s)he no longer fulfils the conditions required for the performance of his duties or if (s)he is guilty of serious misconduct". ( Article 228 of the Treaty on the Functioning of the EU ) Any EU citizen or entity may appeal the Ombudsman to investigate an EU institution on

4186-467: Is inconsistent with EU law. It is not possible to appeal against the decisions of national courts in the CJEU, but rather national courts refer questions of EU law to the CJEU. However, it is ultimately for the national court to apply the resulting interpretation to the facts of any given case. Although, only courts of final appeal are bound to refer a question of EU law when one is addressed. The treaties give

4347-598: Is organised as a directorial system , where the executive power is jointly exercised by several people. The executive branch consists of the European Council and European Commission. The European Council sets the broad political direction of the Union. It convenes at least four times a year and comprises the president of the European Council (presently Charles Michel ), the president of the European Commission and one representative per member state (either its head of state or head of government ). The high representative of

4508-562: Is regulated to try to balance the aspirations of private initiatives with public interest decision-making process. The European Union had an agreed budget of €170.6  billion in 2022. The EU had a long-term budget of €1,082.5 billion for the period 2014–2020, representing 1.02% of the EU-28's GNI. In 1960, the budget of the European Community was 0.03 per cent of GDP. Of this, €54bn subsidised agriculture enterprise , €42bn

4669-451: Is responsive towards complaints from individuals, companies and associations, replying to and resolving complaints related to administration problems in the EU institutions . On the other hand, the European Ombudsman also takes an autonomous and active approach in "helping the institutions to improve the quality of the service they provide" by making proposals through problem-solving proposals, recommendations, and suggestions . Accessing

4830-461: Is the final body to approve or reject the proposed membership of the commission, and can attempt motions of censure on the commission by appeal to the Court of Justice . The president of the European Parliament carries out the role of speaker in Parliament and represents it externally. The president and vice-presidents are elected by MEPs every two and a half years. The judicial branch of

4991-485: Is then able to recruit staff from among the pool of candidates selected by EPSO. On average, EPSO receives around 60,000–70,000 applications a year with around 1,500–2,000 candidates recruited by the European Union institutions. The European Ombudsman is the ombudsman branch of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with

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5152-467: Is trying to influence EU decision-makers. For instance, in 2014, the European Ombudsman published, after a formal inquiry, a final decision stating that the "Commission's refusal to publish online details of all meetings which its services and its staff have with the tobacco industry" constituted maladministration. Ethic issues related complaints to European Ombudsman can go from conflicts of interest to "revolving doors" situations, where someone working in

5313-704: The Common Foreign and Security Policy , the union has developed a role in external relations and defence . It maintains permanent diplomatic missions throughout the world and represents itself at the United Nations , the World Trade Organization , the G7 and the G20 . Due to its global influence, the European Union has been described by some scholars as an emerging superpower . The EU

5474-459: The Council of Europe 's European Convention on Human Rights , so that many principles from the convention, such as the right to a fair trial, were taken as the baseline for European Court of Justice jurisprudence even before their formal reiteration in Charter. In interpreting the human rights protections provided by the general principles of EU law (described in the Court cases section above),

5635-669: The Council of Europe , an international organisation independent of the EU and based in Strasbourg. The European Commission acts both as the EU's executive arm , responsible for the day-to-day running of the EU, and also the legislative initiator , with the sole power to propose laws for debate. The commission is 'guardian of the Treaties' and is responsible for their efficient operation and policing. It has 27 European commissioners for different areas of policy, one from each member state, though commissioners are bound to represent

5796-547: The Court of Justice of the European Union , the European Central Bank and the European Court of Auditors . Competence in scrutinising and amending legislation is shared between the Council of the European Union and the European Parliament, while executive tasks are performed by the European Commission and in a limited capacity by the European Council (not to be confused with the aforementioned Council of

5957-742: The Declaration of St James's Palace of 1941, when Europe's resistance gathered in London. This was expanded on by the 1941 Atlantic Charter , establishing the Allies and their common goals, inciting a new wave of global international institutions like the United Nations ( founded 1945 ) or the Bretton Woods System (1944). In 1943 at the Moscow Conference and Tehran Conference , plans to establish joint institutions for

6118-548: The EU's courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter. The EU member states are also bound by the Charter when engaged in implementation of the European Union law. However, Poland has been granted a partial opt-out from enforcement of the CFR in spite of participating in the AFSJ; in contrast, Denmark and Ireland have fully adopted the Charter, in spite of having been granted opt-outs from

6279-788: The European Commission . 11% related to the European Personnel Selection Office (EPSO) from dissatisfied applicants to the European Civil Service and 4% to the European Parliament . The Council of the European Union accounted for 3%. The main mission guiding the European Ombudsman's work is the "right to good administration" that is recognized as a human right in the EU. The European Ombudsman helps citizens, companies and associations that face problems with EU administration. The main areas of inquiries of European Ombudsman relate to

6440-630: The European Council . However, the Czech Senate passed a resolution in October 2011 opposing their accession to the protocol. When Croatia's Treaty of Accession 2011 was signed in late 2011, the Czech protocol amendment was not included. During the Czech Republic's parliamentary ratification of the accession treaty in the spring of 2012, the government attempted to combine the approval of

6601-568: The European Court of Justice handed down its decision in Costa v ENEL , in which the Court decided that Union law should take precedence over conflicting national law. This meant that national governments could not escape what they had agreed to at a European level by enacting conflicting domestic measures, but it also potentially meant that the EEC legislator could legislate unhindered by the restrictions imposed by fundamental rights provisions enshrined in

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6762-477: The European Parliament , the Council of Ministers and the European Commission . However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU. It applies to all the bodies of the European Union and Euratom which must act and legislate in accordance with its provisions, as

6923-594: The European Securities and Markets Authority (ESMA)'s refusal to grant public access to documents relating to contacts with stakeholders. The European Ombudsman opened an inquiry following a complaint and verified that some internal notes of meetings should have been disclosed. In the context of cooperation with the European Ombudsman, the ESMA disclosed to the complainant parts of eight documents. - Joint cases 488/2018/KR and 514/2018/KR: positive cooperation in

7084-539: The European Union (Withdrawal) Act 2018 , the Charter of Fundamental Rights was not retained in British law after its exit from the EU . During the ratification of the Treaty of Lisbon , Czech President Václav Klaus expressed concern that the Charter would allow families of Germans who were expelled from territory in modern-day Czech Republic after the Second World War to challenge the expulsion before

7245-512: The European Union Recovery Instrument . Agreed in principle by the European Council on 21 July 2020 and adopted on 14 December 2020, the instrument is worth € 750 billion . NGEU will operate from 2021 to 2026, and will be tied to the regular 2021–2027 budget of the EU's Multiannual Financial Framework (MFF). The comprehensive NGEU and MFF packages are projected to reach €1824.3 billion. Preparing

7406-634: The French Union was installed by the new Fourth French Republic to direct the decolonization of its colonies so that they would become parts of a European community. By 1947 a growing rift between the western Allied Powers and the Soviet Union became evident as a result of the rigged 1947 Polish legislative election , which constituted an open breach of the Yalta Agreement . March of that year saw two important developments. First

7567-571: The Locarno Treaties —delivered a widely recognized speech at the League of Nations in Geneva on 5 September 1929 for a federal Europe to secure Europe and settle the historic Franco-German enmity . With large-scale war being waged in Europe once again in the 1930s and becoming World War II , the question of what to fight against and what for, had to be agreed on. A first agreement was

7728-920: The Treaty of Brussels was signed, establishing the Western Union (WU), followed by the International Authority for the Ruhr . Furthermore, the Organisation for European Economic Co-operation (OEEC), the predecessor of the OECD, was also founded in 1948 to manage the Marshall Plan , which led to the Soviets creating Comecon in response. The ensuing Hague Congress of May 1948 was a pivotal moment in European integration, as it led to

7889-779: The Treaty of Paris . This treaty was created in 1952 the European Coal and Steel Community (ECSC), which was built on the International Authority for the Ruhr , installed by the Western Allies in 1949 to regulate the coal and steel industries of the Ruhr area in West Germany. Backed by the Marshall Plan with large funds coming from the United States since 1948, the ECSC became a milestone organisation, enabling European economic development and integration and being

8050-426: The United Kingdom . Norway had negotiated to join at the same time, but Norwegian voters rejected membership in a referendum . The Ostpolitik and the ensuing détente led to establishment of a first truly pan-European body, the Conference on Security and Co-operation in Europe (CSCE), predecessor of the modern Organization for Security and Co-operation in Europe (OSCE). In 1979, the first direct elections to

8211-405: The United Nations Development Programme . Its cornerstone, the Customs Union , paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act as one. EU policies aim to ensure the free movement of people, goods, services and capital within

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8372-440: The Western Union , the International Authority for the Ruhr , the European Coal and Steel Community , the European Economic Community and the European Atomic Energy Community , which were established by treaties. These increasingly amalgamated bodies grew, with their legal successor the EU, both in size through the accessions of a further 22 states from 1973 to 2013, and in power through acquisitions of policy areas. In 2012,

8533-440: The extreme nationalism that had caused the war. On 19 September 1946, in a much recognized speech, Winston Churchill , speaking at the University of Zürich , reiterated his calls since 1930 for a "European Union" and "Council of Europe", coincidentally parallel to the Hertenstein Congress of the Union of European Federalists , one of the then founded and later constituting members of the European Movement . One month later,

8694-457: The monetary branch of the European Union, the prime component of the Eurosystem and the European System of Central Banks. It is one of the world's most important central banks . The ECB Governing Council makes monetary policy for the Eurozone and the European Union, administers the foreign exchange reserves of EU member states, engages in foreign exchange operations, and defines the intermediate monetary objectives and key interest rate of

8855-447: The principle of conferral (which says that it should act only within the limits of the competences conferred on it by the treaties ) and of subsidiarity (which says that it should act only where an objective cannot be sufficiently achieved by the member states acting alone). Laws made by the EU institutions are passed in a variety of forms. Generally speaking, they can be classified into two groups: those which come into force without

9016-403: The "Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or actions of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms." Article 1(2) then says that the Title IV of

9177-480: The 1960s, tensions began to show, with France seeking to limit supranational power. Nevertheless, in 1965 an agreement was reached, and on 1 July 1967 the Merger Treaty created a single set of institutions for the three communities, which were collectively referred to as the European Communities . Jean Rey presided over the first merged commission ( Rey Commission ). In 1973, the communities were enlarged to include Denmark (including Greenland), Ireland, and

9338-461: The AFSJ (a general and a partial one, respectively). The Treaty establishing the European Economic Community (Treaty of Rome) did not include any reference to fundamental or human rights. The EEC Treaty was written a few years after the failure of the European Defence Community Treaty and the European Political Community Treaty . The latter treaty had included rights provisions and Craig and de Búrca argue that, in light of that failure,

9499-415: The CJEU the power for consistent application of EU law across the EU as a whole. The court also acts as an administrative and constitutional court between the other EU institutions and the Member States and can annul or invalidate unlawful acts of EU institutions, bodies, offices and agencies. The General Court is a constituent court of the European Union. It hears actions taken against the institutions of

9660-416: The Charter addresses the Charter to the EU's institutions, bodies established under EU law and, when implementing EU laws, the EU's member states. In addition both Article 6 of the amended Treaty of European Union and Article 51(2) of the Charter itself restrict the Charter from extending the competences of the EU. A consequence of this is that the EU will not be able to legislate to vindicate a right set out in

9821-433: The Charter albeit by referencing it as an independent document rather than by incorporating it into the treaty itself. However, both the version included in the Constitution and the one referenced in the Lisbon Treaty were amended versions of the Charter. On the coming into force of the Lisbon Treaty on 1 December 2009, Justice Commissioner Viviane Reding proposed that Commissioners should swear to uphold all EU treaties and

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9982-432: The Charter opt-out with the ratification bill. However, with the Senate controlled by the opposition parties, their objections to the opt-out could have led to the accession treaty being rejected. As a result, the government decided to separate the proposed opt-out from the accession treaty bill. A vote on a draft report by the European Parliament Constitutional Affairs Committee in January 2012 recommending against granting

10143-511: The Charter unless the power to do such is set out in the Treaties proper. Furthermore, individuals will not be able to take a member state to court for failing to uphold the rights in the Charter unless the member state in question was implementing EU law. It is this last point that has been subject to the most debate. The Charter is not the first attempt to place human rights principles at the core of European Union law. All EU member states are, and candidate states are required to be , signatories to

10304-464: The Charter, which contains economic and social rights, does not create justiciable rights, unless Poland and the UK have provided for such rights in their national laws. Poland and the United Kingdom wanted the protocol for different reasons. The United Kingdom originally opposed a legally binding charter over concerns that it would result in a stream of British citizens going to the European Court of Justice in attempts to enforce their Charter rights in

10465-430: The Charter. On 3 May 2010, the European Commission swore a solemn declaration at the European Court of Justice in Luxembourg, pledging to respect the EU Treaties and to be completely independent in carrying out their duties during their mandate. For the first time, the Commissioners also explicitly pledged to respect the new Charter of Fundamental Rights. Several states insisted upon an opt-out from national application of

10626-417: The Council of the European Union and the "Council of Ministers", its former title), forms one half of the EU's legislature. It consists of a representative from each member state's government and meets in different compositions depending on the policy area being addressed . Notwithstanding its different configurations, it is considered to be one single body. In addition to the legislative functions, members of

10787-418: The Czech Republic's request to be added to Protocol 30 resulted in a tie. The report argued that Protocol 30 was not functioning as a general opt-out from the Charter, but only allowed the countries to limit the application of subsequent EU laws based solely on the charter. Thus, the Czech Republic would still be bound by the Charter even if they were added to the Protocol. In October 2012, the committee approved

10948-401: The ECB and the national central banks (NCBs) of all 27 member states of the European Union. The ESCB is not the monetary authority of the eurozone, because not all EU member states have joined the euro. The ESCB's objective is price stability throughout the European Union. Secondarily, the ESCB's goal is to improve monetary and financial cooperation between the Eurosystem and member states outside

11109-515: The ECI. The European Ombudsman, on one hand, a formal parliamentary body at a supranational level, "designed to strengthen the supervision and control of European Institutions and Administrations" and, on top of that, it works with a specific European concept of maladministration. The powers of the European Ombudsman, albeit limited, provide them the "opportunity to combine the instruments of parliamentary scrutiny and judicial control in an original way" European Ombudsman can conduct inquiries following

11270-473: The ECJ had already dealt with the issue of whether the rights protected by those general principles applied to member states. Having ruled in Johnston v Royal Ulster Constabulary that a right to fair procedures was one of the general principles of EU law, in Kremzow v Austria the ECJ had to decide whether or not a member state was obliged to apply that principle in relation to a wrongful conviction for murder. Kremzow's lawyers argued that his case came within

11431-401: The EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly . The European Public Prosecutor's Office (EPPO) is the prosecutory branch of the union with juridical personality, established under the Treaty of Lisbon between 23 of the 27 states of the EU following the method of enhanced cooperation. It

11592-431: The EU level". The European Ombudsman has, since its appearance in 1995, profiled itself as an institution with the "good governance" mission, promoting this cause and its own place within the EU institutional system. It is active towards serving the wider public interest and one of its goals is to achieve "tangible improvements for complainants and the public vis-a-vis the EU administration" On one hand, European Ombudsman

11753-542: The EU was awarded the Nobel Peace Prize . The United Kingdom became the only member state to leave the EU , in 2020; ten countries are aspiring or negotiating to join it . Internationalism and visions of European unity had existed since well before the 19th century, but gained particularly as a reaction to World War I and its aftermath. In this light the first advances for the idea of European integration were made. In 1920 John Maynard Keynes proposed

11914-573: The EU's courts, though legal experts have suggested that the laws under which the Germans were expelled, the Beneš decrees , did not fall under the jurisdiction of EU law. After Klaus refused to finalize the Czech Republic's ratification of the Treaty of Lisbon unless the country was excluded from the Charter, as Poland and the United Kingdom had been, EU leaders agreed in October 2009 to amend

12075-420: The EU, which together with the Council of the European Union is tasked with amending and approving the European Commission's proposals. 705 members of the European Parliament (MEPs) are directly elected by EU citizens every five years on the basis of proportional representation . MEPs are elected on a national basis and they sit according to political groups rather than their nationality. Each country has

12236-607: The EU. The ECB Executive Board enforces the policies and decisions of the Governing Council, and may direct the national central banks when doing so. The ECB has the exclusive right to authorise the issuance of euro banknotes . Member states can issue euro coins , but the volume must be approved by the ECB beforehand. The bank also operates the TARGET2 payments system. The European System of Central Banks (ESCB) consists of

12397-638: The Euro . After the economic crisis caused by the COVID-19 pandemic , the EU leaders agreed for the first time to create common debt to finance the European Recovery Program called Next Generation EU (NGEU). On 24 February 2022, after massing on the borders of Ukraine, the Russian Armed Forces undertook an attempt for a full-scale invasion of Ukraine. The European Union imposed heavy sanctions on Russia and agreed on

12558-469: The European Community and the EU, and then made amendments to those founding treaties. These are power-giving treaties which set broad policy goals and establish institutions with the necessary legal powers to implement those goals. These legal powers include the ability to enact legislation which can directly affect all member states and their inhabitants. The EU has legal personality , with

12719-523: The European Council of its decision to leave on 29 March 2017, initiating the formal withdrawal procedure for leaving the EU ; following extensions to the process, the UK left the European Union on 31 January 2020, though most areas of EU law continued to apply to the UK for a transition period which lasted until 31 December 2020. The early 2020s saw Denmark abolishing one of its three opt-outs and Croatia adopting

12880-420: The European Council. The other 25 commissioners are subsequently appointed by the Council of the European Union in agreement with the nominated president. The 27 commissioners as a single body are subject to approval (or otherwise) by a vote of the European Parliament . All commissioners are first nominated by the government of the respective member state. The council, as it is now simply called (also called

13041-760: The European External Action Service, 12 the European Anti-Fraud Office , 11 the European Parliament , 9 the European Central Bank , 9 the European Investment Bank , 34 for EU agencies and 41 to all other organisms. The major grand topic inquiries made by European Ombudsman in 2020 were: the functioning of the European Border and Coast Guard Agency's ( Frontex ) 'Complaints Mechanism' to deal with complaints related to fundamental rights;

13202-476: The European Ombudsman can also forward the complaint to members of the European Network of Ombudsmen (ENO). The institution receiving the greatest number of inquiries conducted by the European Ombudsman has been throughout the years the European Commission. In 2020 for example, 210 inquiries opened concerned the European Commission, compared to 30 concerning the European Personnel Selection Office , 14

13363-405: The European Ombudsman has no power to make legally binding decisions, so it can only act as a moderator in the dispute. Using the powers conferred by the Statute of the European Ombudsman, the European Ombudsman can require any institution whose maladministration is in question "to provide some information, inspect its files and take testimony from its staff members" and it can propose solutions for

13524-447: The European Ombudsman's effectiveness implies having into consideration quantitative data, such as the statistics of the responsiveness to complaints and statistics on own-initiative inquiries, but also qualitative data in order to try to better understand all kinds of achievements when contacting the institutions (that is, how EU institutions react to the European Ombudsman's proposals). For this purpose, complying with Article 4(5) of

13685-458: The European Parliament and national parliaments" should be formed to draft a fundamental rights charter. On being constituted in December of that year the "body" entitled itself the European Convention . The Convention adopted the draft on 2 October 2000 and it was solemnly proclaimed by the European Parliament, the Council of Ministers and the European Commission on 7 December 2000. It was at

13846-618: The European Parliament were held. Greece joined in 1981. In 1985, Greenland left the Communities , following a dispute over fishing rights. During the same year, the Schengen Agreement paved the way for the creation of open borders without passport controls between most member states and some non-member states. In 1986, the Single European Act was signed. Portugal and Spain joined in 1986. In 1990, after

14007-500: The European Treaties but were developed by the Court of Justice itself over the 1960s, apparently under the influence of its then most influential judge, Frenchman Robert Lecourt . The question whether the secondary law enacted by the EU has a comparable status in relation to national legislation, has been a matter of debate among legal scholars. The European Union is based on a series of treaties . These first established

14168-527: The European Union by individuals and member states, although certain matters are reserved for the Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance. The European Central Bank (ECB) is one of the institutions of

14329-410: The European Union ). It is more integrated than a traditional confederation of states because the general level of government widely employs qualified majority voting in some decision-making among the member states, rather than relying exclusively on unanimity. It is less integrated than a federal state because it is not a state in its own right: sovereignty continues to flow 'from the bottom up', from

14490-481: The European Union is formally called the Court of Justice of the European Union (CJEU) and consists of two courts: the Court of Justice and the General Court . The Court of Justice is the supreme court of the European Union in matters of European Union law . As a part of the CJEU, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of

14651-554: The European Union). The monetary policy of the eurozone is determined by the European Central Bank. The interpretation and the application of EU law and the treaties are ensured by the Court of Justice of the European Union. The EU budget is scrutinised by the European Court of Auditors. There are also a number of ancillary bodies which advise the EU or operate in a specific area. The Union's executive branch

14812-634: The Netherlands , and West Germany signed the Treaty of Rome , which created the European Economic Community (EEC) and established a customs union . They also signed another pact creating the European Atomic Energy Community (Euratom) for cooperation in developing nuclear power. Both treaties came into force in 1958. Although the EEC and Euratom were created separately from the ECSC, they shared

14973-456: The Ombudsman related to corrections the EU institutions should do to improve their administrative practices, 95 were positively received and had an influence on the correction of the maladministration situations detected. In 2020, 10 out of the 17 institutions to which the Ombudsman made proposals, fully complied with all solutions, suggestions, and recommendations. - Case 2168/2019/KR: Revolving doors . European Ombudsman opened an inquiry after

15134-655: The Protocol is "unlikely that it will have any significant effect in practice." In NS v Home Secretary , the ECJ ruled that Article 1(1) of the protocol "explains Article 51 of the Charter with regard to the scope thereof and does not intend to exempt the Republic of Poland or the United Kingdom from the obligation to comply with the provisions of the Charter or to prevent a court of one of those Member States from ensuring compliance with those provisions." Under section 5(4) of

15295-782: The Soviets. Immediately following the February 1948 coup d'état by the Communist Party of Czechoslovakia , the London Six-Power Conference was held, resulting in the Soviet boycott of the Allied Control Council and its incapacitation, an event marking the beginning of the Cold War . The year 1948 marked the beginning of the institutionalised modern European integration . In March 1948

15456-442: The Statute, the European Ombudsman submits a comprehensive report to the European Parliament at the end of each annual session, with information on the rate of EU institutions' compliance with recommendations made by the European Ombudsman. One of the goals of the European Ombudsman is to achieve improvements in the EU administration and, according to its way of working, statistics can partially measure their results, in terms of how

15617-541: The Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg . It is composed of one judge per member state – currently 27 – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The CJEU is the highest court of the European Union in matters of Union law . Its case-law provides that EU law has supremacy over any national law that

15778-430: The Union as a whole, though the exact delimitation has on occasions become a subject of scholarly or legal disputes. In certain fields, members have awarded exclusive competence and exclusive mandate to the Union. These are areas in which member states have entirely renounced their own capacity to enact legislation. In other areas, the EU and its member states share the competence to legislate. While both can legislate,

15939-554: The Union for a new great enlargement is a political priority for the Union, with the goal of achieving over 35 member states by 2030. Institutional and budgetary reforms are being discussed in order to the Union to be ready for the new members. In May 2024, concerns rise, that the outcome of the elections in June, can undermine some of the crucial policies of the EU in the domain of environment, diplomacy, economy . The war in Ukraine by creating inflation, lowering life level created

16100-478: The United Kingdom, and in increased costs for business. While the British accepted a legally binding rights charter during the negotiations of the failed European Constitution , they negotiated a protocol during the Lisbon negotiations which, according to the then British Minister for Europe, would ensure that the Charter would not extend the powers of the European Court of Justice over United Kingdom law. Poland, on

16261-413: The United Kingdom. Another, shared by Ingolf Pernice, is that the protocol is only an interpretive one which will either have limited or no legal consequence. Craig and de Burcá argue that the protocol is merely declaratory. It says that the "Charter does not extend the ability" of the ECJ or other court to overturn British or Polish law, but the ECJ already had the power to do this in any case. Accordingly,

16422-675: The WEU and NATO in 1955, prompting the Soviet Union to form the Warsaw Pact in 1955 as an institutional framework for its military domination in the countries of Central and Eastern Europe . Assessing the progress of European integration the Messina Conference was held in 1955, ordering the Spaak report , which in 1956 recommended the next significant steps of European integration. In 1957, Belgium , France , Italy , Luxembourg ,

16583-527: The beginning of the 2010s, the cohesion of the European Union has been tested by several issues, including a debt crisis in some of the Eurozone countries , a surge in asylum seekers in 2015 , and the United Kingdom's withdrawal from the EU . A referendum in the UK on its membership of the European Union was held in 2016, with 51.9 per cent of participants voting to leave. The UK formally notified

16744-404: The case. Whenever it finds a situation of maladministration, the European Ombudsman can make proposals through problem-solving proposals, recommendations and suggestions. The main way in which the European Ombudsman tries to resolve the case is by proposing a solution , that is, a solution that both the complainant and the institution concerned would be willing to accept. This method may result in

16905-464: The charter (see below for details). Following the entry into force of the Lisbon Treaty in 2009 the fundamental rights charter has the same legal value as the European Union treaties. The Charter referred to in the Treaty is an amended version of the 2000 document which was solemnly declared by the same three institutions a day before the signing of the Lisbon Treaty itself. Article 51(1) of

17066-441: The conceptual field of human rights outside of its scope capacity to act. The mission and performance of the European Ombudsman is positively seen by the EU institutions, shown by the rates of positive cooperation and compliance with the European Ombudsman's recommendations. Most scholars note that the European Ombudsman has been effective in promoting good governance in the EU. However, a few author note that it has had less impact in

17227-573: The constitutions of member states. This issue came to a head in 1970 in the Internationale Handelsgesellschaft case when a German court ruled that a piece of EEC legislation infringed the German Basic Law . On a reference from the German court, the ECJ ruled that whilst the application of Union law could not depend on its consistency with national constitutions, fundamental rights did form an "integral part of

17388-430: The context of an inquiry regarding the appointment of the commission's Secretary-General (its highest civil servant). The Commission improved the appointment procedure as it had been suggested by the European Ombudsman, indicating a vacancy notice and a well-defined timeline in the procedure. While the discourse on fundamental rights is relevant to the European Ombudsman, its profile and, to some extent, its mandate leave

17549-415: The context of their presidencies. A key part of European Ombudsman work is to ensure that EU institutions respect fundamental rights. For example, in 2015 the European Ombudsman conducted an investigation, in collaboration with 19 members of the European Network of Ombudsmen, into the compliance of fundamental rights by Frontex when forcing migrants to return to their home countries. It concluded that there

17710-416: The council also have executive responsibilities, such as the development of a Common Foreign and Security Policy and the coordination of broad economic policies within the Union. The Presidency of the council rotates between member states, with each holding it for six months. Beginning on 1 July 2024, the position is held by Hungary. The European Parliament is one of three legislative institutions of

17871-574: The creation of the European Movement International , the College of Europe and most importantly to the foundation of the Council of Europe on 5 May 1949 (which is now Europe Day ). The Council of Europe was one of the first institutions to bring the sovereign states of (then only Western) Europe together, raising great hopes and fevered debates in the following two years for further European integration. It has since been

18032-532: The drafters of the EEC Treaty wished to eschew any implicitly political elements. However, the idea that the purely economic end of the new EEC Treaty would be unlikely to have any implications for fundamental rights was soon to be tested. Soon after the entry into force of the EEC Treaty, the Community established itself as a major political entity with policy ramifications beyond its economic aims. In 1964,

18193-399: The entire cabinet, the final say in accepting or rejecting a candidate submitted for a given portfolio by a member state, and oversees the commission's permanent civil service. After the President, the most prominent commissioner is the high representative of the union for foreign affairs and security policy, who is ex-officio a vice-president of the European Commission and is also chosen by

18354-402: The euro, followed by Cyprus and Malta in 2008, Slovakia in 2009, Estonia in 2011, Latvia in 2014, and Lithuania in 2015. On 1 December 2009, the Lisbon Treaty entered into force and reformed many aspects of the EU. In particular, it changed the legal structure of the European Union, merging the EU three pillars system into a single legal entity provisioned with a legal personality , created

18515-481: The eurozone. The European Court of Auditors (ECA) is the auditory branch of the European Union. It was established in 1975 in Luxembourg in order to improve EU financial management. It has 27 members (1 from each EU member-state) supported by approximately 800 civil servants. The European Personnel Selection Office (EPSO) is the EU's civil service recruitment body and operates its selection of candidates via generalist and specialist competitions. Each institution

18676-700: The ex-executive director of the European Banking Authority moved to the position of CEO of the Association for Financial Markets in Europe . The European Ombudsman concluded that the EBA should have forbidden such move of job, given the high risks of conflict of interests. Therefore, a recommendation was made that, in the future, the EBA should forbid, with clear criteria, senior staff members moving to certain positions after their term of office and access to confidential information would stop once it

18837-487: The fall of the Eastern Bloc , the former East Germany became part of the communities as part of a reunified Germany . The European Union was formally established when the Maastricht Treaty —whose main architects were Horst Köhler , Helmut Kohl and François Mitterrand —came into force on 1 November 1993. The treaty also gave the name European Community to the EEC, even if it was referred to as such before

18998-503: The field of fundamental rights, subject EU citizens most complain about. European Union in Europe  (dark grey) The European Union ( EU ) is a supranational political and economic union of 27 member states that are located primarily in Europe. The Union has a total area of 4,233,255 km (1,634,469 sq mi) and an estimated total population of over 449   million. The EU has often been described as

19159-425: The general principles of [European Community] law" and that inconsistency with fundamental rights could form the basis of a successful challenge to a European law. In ruling as it did in Internationale Handelsgesellschaft the ECJ had in effect created a doctrine of unwritten rights which bound the Community institutions. While the court's fundamental rights jurisprudence was approved by the institutions in 1977 and

19320-418: The greatest proportion of complaints came from Luxembourg and Cyprus. The United Kingdom, despite its eurosceptic reputation, was in 2009 responsible for the smallest number of cases lodged. In 2011 the UK was responsible for 141 complaints to the Ombudsman, still representing a relatively low ratio of complaints to population. According to the Ombudsman's own reports, 58% of complaints in 2011 were related to

19481-594: The grounds of maladministration: administrative irregularities, unfairness, discrimination, abuse of power, failure to reply, refusal of information or unnecessary delay. The Ombudsman cannot investigate the European Court of Justice in its judicial capacity, the General Court , the Civil Service Tribunal , national and regional administrations (even where EU law is concerned), judiciaries , private individuals or corporations. The Ombudsman has no binding powers to compel compliance with their rulings, but

19642-405: The headings: dignity, freedoms, equality, solidarity, citizens' rights and justice, while the last title deals with the interpretation and application of the Charter. Much of Charter is based on the European Convention on Human Rights (ECHR), European Social Charter , the case-law of the European Court of Justice and pre-existing provisions of European Union law . The EU has attempted to raise

19803-500: The highest transparency standards. For that, special attention is given to interest groups and their engagement and influence in EU institutions. Lobbying transparency is one of the main topics of action of the European Ombudsman, through various strategic initiatives, trying to mitigate potential conflicts of interest. The European Ombudsman was involved in the Transparency Register, which has enabled citizens to know who

19964-778: The institutions of the developing European community under the European Political Community , which was to include the also proposed European Defence Community , an alternative to West Germany joining NATO which was established in 1949 under the Truman Doctrine . In 1954 the Modified Brussels Treaty transformed the Western Union into the Western European Union (WEU). West Germany eventually joined both

20125-514: The institutions responded to the Ombudsman's proposals. Data from the 2020 Annual Report shows how responsive the European Ombudsman was in 2020 towards the complaints received by individuals, companies, and associations, including the complaints that were outside its mandate scope (which were more than 1400 in 2020). In 2020, 849 complainants (39.5% of all complaints dealt with during 2020) received advice or found their case transferred to another complaints body. Other 934, (representing 43,5%) received

20286-425: The interests of the EU as a whole rather than their home state. The leader of the 27 is the president of the European Commission (presently Ursula von der Leyen for 2019–2024, reelected for the 2024-2029 term), proposed by the European Council , following and taking into account the result of the European elections, and is then elected by the European Parliament. The President retains, as the leader responsible for

20447-468: The internal market; enact legislation in justice and home affairs; and maintain common policies on trade , agriculture , fisheries and regional development . Passport controls have been abolished for travel within the Schengen Area . The eurozone is a group composed of the 20 EU member states that have fully implemented the economic and monetary union and use the euro currency . Through

20608-534: The legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration . The European Union operates through a hybrid system of supranational and intergovernmental decision-making, and according to

20769-404: The maladministration identified. If no resolution is found neither from the proposed friendly solution, nor from the recommendation, then the European Ombudsman can publish suggestions for improvements , directed to the institution, to address the issue. These public suggestions can publicly identify systemic maladministration problems and suggest corrections that can cause systemic improvements for

20930-486: The member states can only legislate to the extent to which the EU has not. In other policy areas, the EU can only co-ordinate, support and supplement member state action but cannot enact legislation with the aim of harmonising national laws. That a particular policy area falls into a certain category of competence is not necessarily indicative of what legislative procedure is used for enacting legislation within that policy area. Different legislative procedures are used within

21091-443: The member states. Since then, the eurozone has increased to encompass 20 countries. The euro currency became the second-largest reserve currency in the world. In 2004, the EU saw its biggest enlargement to date when Cyprus, the Czech Republic, Estonia , Hungary , Latvia , Lithuania , Malta , Poland , Slovakia , and Slovenia joined the union. In 2007, Bulgaria and Romania became EU members. Later that year, Slovenia adopted

21252-420: The necessity for national implementation measures (regulations) and those which specifically require national implementation measures (directives). EU policy is in general promulgated by EU directives , which are then implemented in the domestic legislation of its member states , and EU regulations , which are immediately enforceable in all member states. Lobbying at the EU level by special interest groups

21413-479: The origin of the main institutions of the EU such as the European Commission and Parliament . Founding fathers of the European Union understood that coal and steel were the two industries essential for waging war, and believed that by tying their national industries together, a future war between their nations became much less likely. In parallel with Schuman, the Pleven Plan of 1951 tried but failed to tie

21574-521: The other hand, disliked what it perceived as the Charter's liberal stance on social issues, and so in September 2007 the Polish government indicated that they wished to be included in the British protocol. There is considerable debate concerning the legal effect of the protocol. One view, shared by Jan Jirásek, is that the protocol is an opt-out that excludes the application of the Charter to Poland and

21735-421: The overall level of compliance is high. The Ombudsman primarily relies on the power of persuasion and publicity. In 2011, the overall rate of compliance by the EU institutions with their suggestions was 82%. The EU Agencies had a compliance rate of 100%. The compliance rate of the European Commission was the same as the overall figure of 82%, while the European Personnel Selection Office (EPSO) scored 69%. It

21896-648: The premise that the Charter offers sufficiently effective protection of relevant fundamental rights when compared to the Basic Law for the Federal Republic of Germany . In the negotiations leading up to the signing to the Lisbon Treaty , Poland and the United Kingdom secured a protocol to the treaty relating to the application of the Charter of the Fundamental Rights in their respective countries. The protocol , in article 1(1) states that

22057-578: The private sector moves to closely links jobs in the public jobs or vice versa. The European Ombudsman has defended that EU administration must comply with "gold standards when it comes to ethical behaviour". For instance, one inquiry, concluded in 2020, investigated corporate sponsorship of the Presidency of the Council of the EU . Started from a complaint NGO who raised the concern of the Romanian EU Presidency receiving sponsorship by

22218-556: The proceedings, or by promoting on his own initiative the implementation of more participatory decision-making processes. A large number of the complaints that the European Ombudsman receives in this context are related to problems in the functioning of the European Commission 's public consultations , and the European Citizens' Initiative (ECI). In 2014, the European Ombudsman invited ECI organizers (such as civil society, organisations and interested bodies) to give feedback on

22379-595: The profile of the Charter so that citizens are more aware of their rights. For example, the EU Fundamental Rights Agency (FRA) has produced apps for iOS and Android with the text of the Charter in all EU languages and related information. It has also published mini-versions of the Charter in all EU languages. In 2010, the FRA put out a tender for poets to turn the Charter into an 80-minute-long epic poem, with music, dance and multimedia elements. This

22540-405: The protocol to include the Czech Republic at the time of the next accession treaty in a measure designed to persuade Klaus to sign the treaty which he subsequently signed. In September 2011, the Czech government formally submitted a request to the Council that the promised treaty revisions be made to extend the protocol to the Czech Republic, and a draft amendment to this effect was proposed by

22701-537: The public interest.  If, at the end of an investigation, an institution rejects its final findings or recommendations, the Ombudsman can criticize it publicly, raising importance on the issue, and can make a special report to the European Parliament . Many of the complaints sent to the European Ombudsman are outside its mandate. In 2020, the European Ombudsman processed 1,400 complaints outside its scope of competence. This number of out-of-scope complaints came mainly from Spain, Poland and Germany. This counts to justify

22862-551: The refusal of EU institution(s) to grant documents upon a citizen's request. This right of citizens to access EU documents is granted by the Charter of Fundamental Rights of the EU . In case a citizen is prevented from accessing such requested documents, he or she can turn with a complaint to the European Ombudsman to try to achieve a resolution. For instance, in case 693/2011/RA, following European Medicines Agency (EMA)'s refusal to grant public access to clinical studies carried out on

23023-421: The report, and a third draft of the report was published on 11 December 2012. The report was tabled in Parliament during its session on 22 May 2013, and the Parliament voted in favour of calling on the European Council "not to examine the proposed amendment of the Treaties". The Parliament did, however, give its consent in advance that a treaty revision to add the Czech Republic to Protocol 30 would not require

23184-483: The right to sign agreements and international treaties. Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union ( CFR ) enshrines certain political , social, and economic rights for European Union (EU) citizens and residents into EU law . It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by

23345-408: The same category of competence, and even with the same policy area. The distribution of competences in various policy areas between member states and the union is divided into the following three categories: The European Union has seven principal decision-making bodies, its institutions : the European Parliament , the European Council , the Council of the European Union , the European Commission ,

23506-494: The same courts and the Common Assembly. The EEC was headed by Walter Hallstein ( Hallstein Commission ) and Euratom was headed by Louis Armand ( Armand Commission ) and then Étienne Hirsch ( Hirsch Commission ). The OEEC was in turn reformed in 1961 into the Organisation for Economic Co-operation and Development (OECD) and its membership was extended to states outside of Europe, the United States and Canada. During

23667-443: The same time, however, decided to defer making a decision on the Charter's legal status. However, it did come with the political weight of having been approved by three powerful institutions and as such was regularly cited by the ECJ as a source of fundamental rights. A modified Charter formed part of the defunct European Constitution (2004). After that treaty's failure, its replacement, the Lisbon Treaty (2007), also gave force to

23828-475: The scope of EU law on the grounds that his wrongful conviction and sentence had breached his right to free movement within the EU. The ECJ responded by saying that since the laws under which Kremzow had been convicted were not enacted to secure compliance with EU law, his predicament fell outside the scope of EU law. The wording in Kremzow v Austria , referring to the "field of application of EU law", differs from

23989-449: The several peoples of the separate member states, rather than from a single undifferentiated whole. This is reflected in the fact that the member states remain the 'masters of the Treaties', retaining control over the allocation of competences to the union through constitutional change (thus retaining so-called Kompetenz-kompetenz ); in that they retain control of the use of armed force; they retain control of taxation; and in that they retain

24150-400: The significant difference in percentage of opened inquiries compared to the number of complaints submitted. In any case, the European Ombudsman tries to reply to all complaints submitted, even the ones outside the mandate. In those cases, European Ombudsman helps complainants by explaining the Ombudsman's mandate, advising other bodies where to direct their complaint. If the complainant agrees,

24311-437: The transparency of EU institutions administration; transparency and accountability in EU decision-making; lobbying transparency; ethical issues; fundamental rights; EU competitions policy; and citizen participation in EU decision-making. Complaints concerning lack of transparency are the most common category of complaints received by the European Ombudsman, representing between 20% and 30% of complaints. They are mainly related to

24472-568: The transparency of the Council of the EU during the COVID-19 crisis; and the collection and processing of information by the European Centre for Disease Prevention and Control during the COVID-19 crisis. The high number of maladministration complaints made to European Ombudsman in parallel with the literature support, shows that "the ombudsman is an important platform protecting the rights of citizens and promoting democratic values at

24633-505: The treaty. With further enlargement planned to include the former communist states of Central and Eastern Europe, as well as Cyprus and Malta , the Copenhagen criteria for candidate members to join the EU were agreed upon in June 1993. The expansion of the EU introduced a new level of complexity and discord. In 1995, Austria, Finland, and Sweden joined the EU. In 2002, euro banknotes and coins replaced national currencies in 12 of

24794-487: The union for foreign affairs and security policy (presently Josep Borrell ) also takes part in its meetings. Described by some as the union's "supreme political leadership", it is actively involved in the negotiation of treaty changes and defines the EU's policy agenda and strategies. Its leadership role involves solving disputes between member states and the institutions, and to resolving any political crises or disagreements over controversial issues and policies. It acts as

24955-583: The wording in the Charter which refers to the implementation of EU law. However, the amended explanatory memorandum issued alongside the Charter in 2007 describes the wording used in the Charter as reflecting ECJ precedent. In 2019, the German Federal Constitutional Court established in Recht auf Vergessen II that it applies the Charter as the standard of review for matters regarding EU law and its national implementation, under

25116-476: Was established, along with its citizenship , when the Maastricht Treaty came into force in 1993, and was incorporated as an international legal juridical person upon entry into force of the Treaty of Lisbon in 2009 . Its beginnings can be traced to the Inner Six states (Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany ) at the start of modern European integration in 1948, and to

25277-483: Was known that a member of staff was taking up another job. The EBA agreed to implement the Ombudsman's recommendations. - Case 860/2018/THH: positive cooperation following European Food Safety Authority 's refusal to grant public access to declarations of interest of middle management staff. The EFSA ended up following the Ombudsman's request to make those declarations public and has a more transparent policy in this area. - Case 357/2019/FP: positive cooperation following

25438-464: Was resolved when the Ombudsman compelled the council to release to the public documents it had previously not acknowledged the existence of. The ombudsman received 2,667 complaints in the year 2010 and opened 335 investigations into alleged maladministration. In 2011 2,510 complaints were received and 396 investigations were opened. The largest number of complaints in 2011 came from Spain (361), followed by Germany with 308. Relative to population, however,

25599-505: Was significant "room for improvement" as to how it was handling joint returns of illegal migrants and, in that scope, made detailed recommendations as to how Frontex could improve. Frontex responded positively to many of these recommendations. In its role as moderator and bridge between citizens and the EU institutions, the European Ombudsman also promotes citizens' participation and involvement in European politics, by, for example, demanding greater transparency so that citizens can follow

25760-474: Was spent on transport , building and the environment, €16bn on education and research , €13bn on welfare, €20bn on foreign and defence policy, €2bn in finance , €2bn in energy , €1.5bn in communications, and €13bn in administration. In November 2020, two members of the union, Hungary and Poland, blocked approval to the EU's budget at a meeting in the Committee of Permanent Representatives (Coreper), citing

25921-475: Was the signing of the Treaty of Dunkirk between France and the United Kingdom . The treaty assured mutual assistance in the event of future military aggression against either nation. Though it officially named Germany as a threat, in reality the actual concern was for the Soviet Union. A few days later came the announcement of the Truman Doctrine which pledged American support for democracies to counter

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