09-12-2024
Ahead of the upcoming election of the EU Ombudsman by the European Parliament, and following the successful webinar hosted by The Good Lobby, “Meet the Next EU Ombudsman,” where the candidates shared their ideas and vision for the role, The Good Lobby invited all six candidates to answer three questions in written form.
These responses provide valuable insights into each candidate’s priorities, expertise, and proposed approach to the role. They also offer a clearer perspective on how they intend to address the key challenges facing the EU Ombudsman’s office.
You can find their responses below and watch the webinar recording here.
Teresa Anjinho
The most important European Ombudsman function is to safeguard and strengthen citizen’s rights by ensuring accountability, transparency and fairness in the actions of EU institutions, bodies and agencies, with a focus on handling individual complaints effectively, while addressing systemic issues through proactive inquiries.
I bring an important combination of practical experience and academic expertise in human right law, public service, and governance. As a former Deputy Ombudsperson in Portugal I managed sensitive complaints involving justice and fundamental rights, developing citizen-centred solutions. My current role as member of the Supervisory Committee of OLAF has also given me important skills in institutional oversight. These roles combined with my commitment to transparency, fairness, and inclusivity, make me well equipped to deliver on the Ombudsman’s core responsibilities in total independence.
Success will be measured by tangible improvements in citizen’s engagement and trust in EU institutions. This includes increased accessibility and responsiveness of the Ombudsman’s Office, effective resolution on individual complaints, impactful systemic reforms from own initiative inquiries, and enhanced cooperation between the Office and national-level bodies to promote best practices, and accountability across the EU.
Emilio
De Capitani
Assist citizens who consider themselves victims of maladministration and find, with EU institutions agencies and bodies, appropriate solutions compatible with EU law. By so doing the EO can improve a good relationship between citizens and European public administration.
My multiannual experience as EP Civil servant and as active Citizen. As a result of my experience, I have developed a deep knowledge of the European administration and a problem solving capacity, acquired over the years.
As Civil Servant of the European Parliament, I had the privilege of following day by day the evolution of the EU from a market oriented entity (Single European Act -1987) to a full fledged political entity (Lisbon Treaty (2009). Secretary of the Legislative coordination Unit (1987-1998) I had the chance of following all the interinstitutional agreements and of coordinating the informatization of the EP internal workflow (Project ITER).
As Secretary of the Civil liberties committee (LIBE -1998-2011) I had the chance of following almost all the legislative procedures dealing with anti-discrimination, privacy, transparency and access to documents not to speak of all legislative measures implementing the Schengen related policies as well as the establishment of not less of 9 European Agencies (Europol, Eurojust, FRA, EMCDDA, ENISA, FRONTEX, EUAA, CEPOL, EU-LISA).
As active Citizen I have founded in 2012 together with 20 between the most known EU legal scholars the Fundamental Rights European Experts Group (www.free-Group.eu) which has organized several conferences, events and activities linked with the LIBE policies. Recently together with other Civil society organizations We have submitted to the EP a petition on participative democracy (0158/23) . Last but not least I have personally submitted and won two EU Court of Justice cases dealing with Transparency (T-540/15, T-163/21- another T-590/23 is still pending) and one, in Germany, dealing with security and Data Protection.
Because of my deep knowledge of the EU legal and administrative acquis, as well as of the difficulties that the ordinary citizen may face when confronted to the EU Institutions, agencies and bodies I am convinced that I may facilitate, as European Ombudsman, the interaction between Citizens and European Administration.
If elected, I would focus my action on the following priorities :
A. From Reactive to Proactive Oversight (from fire-fighting to fire prevention)
The Ombudsman should focus not only on a reactive role but also on a proactive one by conducting systemic investigations into recurring issues in each EU administrative entity when transparency and civic participation are not adequately promoted. (see the parallel work done by the EDPS to protect personal data). Ideally a periodic “State of EU Administration” report to be prepared by the Court of Auditors with the EO would be needed and submitted for debate to the EP.
B. Promoting a Culture of Administrative Transparency (artt 1 TUE, 197(2) and 298 TFEU)
In the framework of the EU Digital and E-Government Agenda the EO should be associated to the establishment of measures dealing with an open, independent and efficient EU administration. Without prejudice of the European Commission responsibility (Commissioner Sefcovich, DG Reform, project ComPAct and network EUPAN ) dealing with initiatives covering the MS administrations the EO should focus also the growing cases of “composite administration” where EU Institutions Agencies and bodies work daily with the national administrations. In this perspective the EO may promote the launch (hopefully with the support of the EP) of a Pilot Project an EU Administrative Academia in Strasbourg where EU officials may periodically follow short-time academic courses on the evolution of EU Administrative Law, Principles and best practices.
C Supporting participative democracy in the EU legislative process
To foster the EU citizens participation to the legislative decision making process the EO may support the establishment in compliance with art.15 of Regulation 1049/01 of a true interinstitutional legislative platform. 24 years since Regulation 1049/01 and 8 years since the Interinstitutional Agreement on Better Law making, this project (see the first EU-Law tracker prototype of the EU Office of publications) is still facing resistance. However, no matter of the content of the legislative procedures at stake, such technical platform is the unavoidable premise for overcoming the current inconsistencies of the individual legislative registers/initiatives and for building a virtual agora of the civil society, the citizens and even the national Parliaments
D. Supporting the EP endeavour on Legislative Reform on Administrative Procedures
As daily Witness of cases of maladministration (or of other shortcomings) the EO is better placed for submitting suggestions to the co-legislators dealing with the administrative / Organisational impact of the draft EU legislation. In this perspective the EO may support the co-legislator notably when Codifying EU administrative law through a comprehensive Administrative Procedure Act. As repeatedly suggested by the EP this law should codify the Code of Administrative behavior by ensuring principles like proportionality, impartiality, and transparency. (Legal Basis: Articles 15, 298 TFEU and 41, 42, 43 of the Charter)
E. Legal assistance to EU Citizens and Civil Society actors
Consistently with the European Commission (DG JUST) strategy of associating the Civil Society to the implementation of the EU Charter the EO may offer legal assistance (or ADR initiatives) to Citizens or Civil society Organizations which denounce violations by EU Institutions, Agencies and Bodies.
Other initiatives may be the promotion of EU Citizens’ Forums in case of collective denunciations of cases of possible systemic cases of maladministration. On a more positive perspective it could be sensible in agreement with the Court of Auditors to verify the administrative performance and/or Involve citizens in verifying draft administrative rules (see the US Administrative Procedure Act (APA) governing the procedures of administrative law).
F. Addressing the Challenges of External Action
EU Agencies Organisms and Bodies operating outside the EU Territory may face problems of contractual and extracontractual responsibility in absence of a clear EU legal framework of EU officials and agencies operating outside the Union must follow strict procedural rules to ensure compliance with fundamental rights. EO may organize regular audits by assessing if rule of law, transparency and accountability are protected and promoted in external operations. (Legal Basis: Articles 41, 42, and 43 of the Charter apply to the right to good administration, including external EU operations).
Marino
Fardelli
Ensuring transparency, fairness, and respect for fundamental rights in the relationship between citizens and EU institutions, thereby strengthening trust in the European project.
– I have extensive experience as an Ombudsman, with a strong focus on public administration and citizens’ rights.
– I have demonstrated the ability to mediate and address complex issues, including in cross-border contexts.
– In my national and regional roles in Italy, I work daily to promote transparency and public participation, which are essential values for the European Ombudsman’s role.
– My work has enabled me to build a diverse and cross-cutting support network across Europe, reflecting my ability to represent varied interests.
– Achieving a significant reduction in the average time required to resolve cases, ensuring swift and effective responses.
– Increasing the number of citizens turning to the Ombudsman’s office, demonstrating greater trust and accessibility.
– Enhancing the implementation rate of recommendations accepted by EU institutions. – Strengthening dialogue between citizens, civil society, and EU institutions, fostering greater transparency and accountability.
– Actively engaging young people through awareness campaigns and projects on active citizenship, inspiring the next generation to participate in strengthening European democracy.
Under my leadership, the European Ombudsman’s office will stand out for its approach based on the “3 I’s”:
- Independent, to ensure impartiality and autonomy in decision-making;
- Influential, to promote meaningful change and constructive dialogue with institutions;
- Investigative, to guarantee thorough and rigorous examination of citizens’ concerns.
Julia
Laffranque
Claudia Mahler
In my opinion, the most important role of the EU Ombudsman is to give a voice to the people of Europe and to help them overcome administrative barriers. Accessible information and services are key for everyone. I believe that the realisation of fundamental and human rights and good administration go hand in hand. All these steps bridge the gap between the EU and its agencies and promote trust in the EU.
I have many years of experience in providing policy advice to improve structural inequalities and maladministration. I benefit from my legal background and sound practice in interdisciplinary teams. I work with large administrations and know how to achieve solution-orientated and sustainable results in cooperation with the most important interest groups. I listen to people to find out what needs to be done.
I am independent and impartial – I have never worked within the EU but have many years of experience working with the EU. I am a candidate with no direct connection to any of the political groups in the EU Parliament, but I have worked with most of them in the past and look forward to working with parliamentarians on the important issues of transparency, equality and respect.
One indicator would be to see how many relevant – i.e. within the mandate – complaints have been received and resolved. These objectives can be achieved by raising awareness of the EU Ombudsman’s Office so that complainants can be better informed about what the mandate of the EU Ombudsman’s Office entails.
Reducing the time to deal with complaints
Employee satisfaction in the EU Ombudsman Office
Reinier
Van Zutphen
The European Ombudsman is the pre-eminent advocate for the citizens’ perspective in Europe and can encourage European governments to adopt good administration.
The European Ombudsman has an important role to play in protecting the interests of European citizens in good administration.
The European Ombudsman should proactively reach out together with colleagues in the Member States.
The European Ombudsman always starts by listening. The European Ombudsman considers the interests of future generations in everything he does.
I was a judge for over 25 years and have been the National Ombudsman for almost 10 years. I have developed my office into an effective and outreaching institution. I believe that we especially should make an effort to reach out to those who are in a vulnerable position. It is the task of an ombudsman to make sure that the government takes into account the citizens perspective in all that it does.
In consultation with citizens, companies and governments and with civil society, I will choose themes from which will follow my own initiative investigation. I realise that the scope of the European Ombudsman’s organisation is limited, so that priorities must also be set on own initiative investigations. The European Ombudsman will have developed into an accessible organisation that is inviting to citizens. No or hardly any barriers to contact the ombudsman is of great importance in this respect. The European institutions, agencies and bodies will follow up on my recommendations as I will actively monitor their implementation to make sure that the change needed in government actions has really changed for citizens and small businesses.