This chapter investigates how the European Ombudsman (EO) has contributed to the EU agencies’ external activities. Hence, it offers an overview of the EO’s competences and powers, with a focus on its role in combating maladministration and improving the right to good administration. In doing so, the importance of the Code of Good Administrative Behaviour is stressed. Second, it assesses the EO’s strategic inquiries regarding Frontex, the European Union External Action Service and the EU Rule of Law Mission in Kosovo, as well as the framework of the Common Security Defence Policy, as key examples of how the EO tackles issues of maladministration committed by agencies in their external relations. Furthermore, specific attention is devoted to the network of national and non-EU ombudsmen. This chapter finally argues that the consistent body of EO decisions has successfully influenced EU agencies’ external activities.
Marco Inglese and Tom Binder
Chapter 5 by Marco Inglese and Tom Binder discusses the European Ombudsman. One alternative open to individual citizens to question or even challenge government decisions in Europe is provided by the institution of the European Ombudsman. This chapter introduces the institution of the European Ombudsman by means of an extensive description of general features (goals, powers, formation and functioning) and short presentation of historic figures (how often it has been used, for what purposes, with what results). What follows is an assessment of the European Ombudsman’s potential to contribute to the democratic empowerment of European Union (EU) citizens. A thorough evaluation of the institution’s reach, in terms of both plaintiffs (what type of plaintiffs address the Ombudsman, where they come from, etc.) and substance (what type of complaints are forwarded to the Ombudsman, against which institutions/agencies, on what grounds, etc.) forms part of this assessment. Another aspect that will be discussed, in this context, are potential barriers hindering citizens’ access to the ombudsman. Finally, the flip-side of the coin will also be investigated: the European Ombudsman’s negative potential to contribute to the democratic deficit of the EU. In this regard, the Ombudsman’s position within the Trias Politica is explored. In conclusion, it is argued that the European Ombudsman has a positive impact on the democratic empowerment of EU citizens while also being able to influence the legislative agenda of EU institutions, thereby increasing their democratic accountability.