The European Ombudsman and the Aarhus Convention

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The European Ombudsman and the Aarhus Convention
Presentation at the 4th meeting of the Aarhus
Convention Task Force on Access to Justice,
Geneva, 7-8 February 2011
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What is an ombudsman?

• An external mechanism
• which is independent and impartial
• with power to investigate and report
• on complaints against public authorities.
• No power to make legally binding decisions

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The European Ombudsman

• Established by the Maastricht Treaty in 1993
• The European Parliament elects the Ombudsman

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P. Nikiforos Diamandouros
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Reporting and independence

• Annual and special reports are presented to the
  European Parliament

The Ombudsman shall be completely independent in
the performance of his duties. In the performance
of those duties he shall neither seek nor take
instructions from any Government, institution,
body, office or entity
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Investigations

• Investigates maladministration includes
  illegality
• at the European Union level (institutions,
  bodies, offices and agencies)
• with the exception of the Court of Justice in
  its judicial role
• Aims to achieve win-win outcomes
• Cannot deal with matters that are, or have been,
  before a court

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Who may complain?

• Any citizen of the Union or any natural or legal
  person residing or having its registered office
  in a Member State
• The Ombudsman may also investigate on his own
  initiative
• 2008 Memorandum of Understanding with the
  European Investment Bank the own-initiative
  power is used to deal with complaints from
  non-citizens residing outside the EU
• There is no requirement to be personally
  affected public interest complaints are possible

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The Ombudsmans powers

• To see all the documents
• To require officials to answer questions
• To make recommendations
• To publicise his findings

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The Ombudsman and Aarhus

• Regulation 1367/2006 (Aarhus Regulation)
• Regulation 1049/2001 (The general Regulation on
  access to documents held by EU institutions)
• Commission Decisions 2008/50/EC and
  2008/401/EC, Euratom
• NB the Commission's role as guardian of the
  Treaties includes enforcement of Directives
  85/337/EEC, 2003/4/EC and 2003/35/EC

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Public participation and internal review

• No cases yet concerning specifically the Aarhus
  Regulation or the Commission Decisions. For
  comparison, see
• Consultation on Citizenship (406/2008)
• Roaming services (3617/2006)
• European Bio-fuels Technology Platform
  (1152/2008/DK - ongoing)

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Infringement complaints based on the Aarhus
Directive

• Implementation by Lithuania (1628/2008)
• Vienna airport (1532/2008) and c.f. Barcelona
  high-speed rail link (244/2006)
• Case 0049/2011/AN (ongoing)

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Access to documents and information

• Pontevedra Estuary (443/2008)
• Granadilla (355/2007)
• Framework Agreement with Tajikistan (2145/2009)
• Drift nets (1861/2009/AN - ongoing)
• Bulgarian and Romanian nuclear power plants
  (2335/2008/VIK and 127/2010/VIK ongoing)

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Limits of the Ombudsmans role

• Judicial activity is excluded
• Maladministration does not encompass review of
  the validity of EU legislation

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http//www.ombudsman.europa.eu