EUROPEAN OMBUDSMAN AND HUMAN RIGHTS

EUROPEAN OMBUDSMAN AND HUMAN RIGHTS

 

European Ombudsman

 

            The creation of the Office of the European Ombudsman coincided with the creation of the European Union through the Maastricht Treaty 1992. Part V, Article 138e[1] of the treaty provides for the appointment of an Ombudsman with the power to receive complaints from both citizens of the European Union and residents of a member state regarding cases of maladministration in the different activities of community institutions. The European Ombudsman is an independent office in conducting investigations or inquiries on complaints filed in its office. Upon the completion of the investigation, the Ombudsman informs the complainant of the result and in case there is sufficient ground for legal action the case will be referred to the proper office for due resolution. The scope of the authority if the Ombudsman is limited to complaints for maladministration in the institutions and bodies[2] of the European community. Maladministration refers to the failure of a public body to act in accordance with the rules and principles binding upon it. The scope of the complaints within the jurisdiction of the Ombudsman is broad enough to accommodate the different violations of different institutions. Every person natural or legal citizen of member states or residing therein may file a complaint with the Office of the European Ombudsman. (The European Ombudsman 2002)

Role of European Ombudsman in Human Rights

 

            The European Ombudsman advocates the fundamental rights of the citizens and residents of the European community to good and fair governance, the right to be heard, and the right to have access to legal remedies provided by law for the airing of grievances and resolution of disputes. The Office of the European Ombudsman advocates these human rights by providing a venue, independent from institutions and bodies, for the filing of complaints on the failure of institutions and bodies to perform their duties or the performance of their duties in a manner that violates the rules and principles binding upon them. This role is consistent with several human rights laws. (2004) Article 3 of the International Covenant on Civil and Political Rights 1966[3] provides for the fundamental rights to effective remedy and competent authority that the Office of the European Ombudsman provides by its investigative powers and independent nature. Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms[4] provides for the fundamental right of Community citizens and residents to effective remedy for complaints against persons acting in an official capacity. The European Ombudsman provides effective remedy through its authority to investigate the actions of persons acting in an official capacity. 

 

 

[1] See Appendix 1 on Part V, Article 138e of the Maastricht Treaty 1992

[2] See Appendix 2 on the Institutions and Bodies of the EC covered by the Office of the Ombudsman

[3] See Appendix 3 on Article 3 of the International Covenant on Civil and Political Rights 1966

[4] See Appendix 6 on Article 13 of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms 1950

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