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Herwig C.H. Hofmann

This chapter undertakes an assessment of the legal framework governing the mandate and capabilities as well as independence of the European Ombudsman (hereafter, the ‘Ombudsman’). To do so, the chapter takes a detailed look at, inter alia, EU ‘constitutional’ law, the Ombudsman’s existing procedures, the concept of ‘maladministration’ as expressed in the Ombudsman’s mandate, and the consequences of an Ombudsman finding of maladministration. On this basis the chapter discusses future possibilities for developing ombuds review in the European Union (EU) as well as Ombudsman O’Reilly’s stated ambition to increase the visibility of the Ombudsman and the impact of ombuds review in the context of more high-profile, and often ‘political’, investigations.

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Herwig C.H. Hofmann

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Herwig C.H. Hofmann

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Edited by Herwig C.H. Hofmann and Jacques Ziller

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Accountability in the EU

The Role of the European Ombudsman

Edited by Herwig C.H. Hofmann and Jacques Ziller

In the first interdisciplinary work focused on the European Ombudsman, expert observers of EU institutional affairs provide a thorough evaluation of the Ombudsman and its constitutional role, powers, activities and future potential. The book addresses the Ombudsman’s impact on accountability in the EU’s executive branch and offers new suggestions for the further development of the practice of ‘ombuds review’.
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Herwig C.H. Hofmann and Alessandro Morini

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Herwig C.H. Hofmann and Katerina Pantazatou

The present chapter reviews the approach of the book towards the issue of the metamorphosis of the European Economic Constitution, departing from the analysis and the evolution of its micro- and macro-economic structure. Alongside the development of the arguments in the text, it provides an understanding of how this metamorphosis has been induced by the measures taken to counter the economic crisis and reflects over the place of the Economic Constitution within the composite constitution of the European Union.

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Herwig C.H. Hofmann and Giovanni Zaccaroni

This chapter provides the reader with a summary and a contextualisation of the overall aim of this book. It does so by putting into perspective the various transformations that have impaired the economic constitution in the last years. The chapter starts by examining the relationship between the economic constitution and the European social model, eventually culminating in the link between the ‘economic’ and the ‘social’ constitutions. Thereafter, the chapter continues with an analysis of how the situation has culminated in conferring extensive powers on executives that have, in turn, also increased the power of review of the European Courts. Lastly, it reflects on a holistic model of European public law that is capable of overcoming the idea of the EU as a Zweckverband - a special purpose vehicle.