natgillin/translations-raw huggingface dataset:
2730 complaints (74.8 %) fell outside the Ombudsman’s mandate, in most cases because they did not refer to a Community institution or body (91.4%) or did not concern instances of maladministration (6.2%).
2730 complaints (74.8 %) fell outside the Ombudsman’s mandate, in most cases because they did not refer to a Community institution or body (91.4%) or did not concern instances of maladministration (6.2%).
However, 919 complaints (25.2%) did fall within the Ombudsman’s mandate and of these 490 were admissible, while 147 did not give rise to an enquiry, with the result that enquiries were conducted in 343 cases, in other words approximately 10% of the total number of complaints lodged in 2004.
However, 919 complaints (25.2%) did fall within the Ombudsman’s mandate and of these 490 were admissible, while 147 did not give rise to an enquiry, with the result that enquiries were conducted in 343 cases, in other words approximately 10% of the total number of complaints lodged in 2004.
Among the most frequent reasons for complaints being declared inadmissible were the failure to make appropriate administrative approaches beforehand and uncertainty surrounding the author or object of the complaint.
Among the most frequent reasons for complaints being declared inadmissible were the failure to make appropriate administrative approaches beforehand and uncertainty surrounding the author or object of the complaint.
Overall, the Ombudsman dealt with 534 enquiries in 2004, of which 351 were new ones, including eight own-initiatives, and 183 carried over from previous years.
Overall, the Ombudsman dealt with 534 enquiries in 2004, of which 351 were new ones, including eight own-initiatives, and 183 carried over from previous years.
Of the complaints that led to an enquiry, 375 were against the European Commission (69%), 58 against the European Communities Personnel Selection Office (10.7%), 48 against the European Parliament (8.9%) and 22 against the Council of the European Union (7.2%).
Of the complaints that led to an enquiry, 375 were against the European Commission (69%), 58 against the European Communities Personnel Selection Office (10.7%), 48 against the European Parliament (8.9%) and 22 against the Council of the European Union (7.2%).
Some enquiries concerned more than one institution or body.
Some enquiries concerned more than one institution or body.
The main types of maladministration justifying an enquiry were lack of transparency, including refusal of information (22%), discrimination (19%), avoidable delay (12%), unsatisfactory procedures (9%), unfairness or abuse of power (7%), failure to fulfil obligations deriving from Article 226 of the EC Treaty (7%), negligence (6%) and legal error (5%).
The main types of maladministration justifying an enquiry were lack of transparency, including refusal of information (22%), discrimination (19%), avoidable delay (12%), unsatisfactory procedures (9%), unfairness or abuse of power (7%), failure to fulfil obligations deriving from Article 226 of the EC Treaty (7%), negligence (6%) and legal error (5%).
In addition to the enquiries opened, the Ombudsman gave complainants advice (in 2117 cases), recommending that they turn to a national or regional ombudsman (906 cases), address a petition to the European Parliament (179 complainants), or contact the European Commission (359 cases).
In addition to the enquiries opened, the Ombudsman gave complainants advice (in 2117 cases), recommending that they turn to a national or regional ombudsman (906 cases), address a petition to the European Parliament (179 complainants), or contact the European Commission (359 cases).
He also transferred 71 complaints, including 54 to other ombudsmen, 13 to the European Parliament’s Committee on Petitions and four to the European Commission.
He also transferred 71 complaints, including 54 to other ombudsmen, 13 to the European Parliament’s Committee on Petitions and four to the European Commission.
Lastly, in 2004 the Ombudsman closed 251 enquiries, four of which were opened on his own initiative.
Lastly, in 2004 the Ombudsman closed 251 enquiries, four of which were opened on his own initiative.
As for final decisions, 113 cases (44.3%) were closed with a finding of no maladministration, 65 cases were settled by the institution or body itself following the complaint, five cases were closed when a friendly solution was achieved, 36 (around 1% of the total) resulted in a critical remark to the institution, seven included a draft recommendation accepted by the institution and one resulted in a special report to the European Parliament in the absence of a satisfactory reply from the institution concerning a draft recommendation.
As for final decisions, 113 cases (44.3%) were closed with a finding of no maladministration, 65 cases were settled by the institution or body itself following the complaint, five cases were closed when a friendly solution was achieved, 36 (around 1% of the total) resulted in a critical remark to the institution, seven included a draft recommendation accepted by the institution and one resulted in a special report to the European Parliament in the absence of a satisfactory reply from the institution concerning a draft recommendation.
Thematic analysis
Thematic analysis
The 2004 report offers a number of keys to understanding.
The 2004 report offers a number of keys to understanding.
In particular, Chapters 1 and 2 provide a full overview of how complaints have been dealt with and at the same time classify them thematically with a breakdown according to the type of decision closing the enquiry.
In particular, Chapters 1 and 2 provide a full overview of how complaints have been dealt with and at the same time classify them thematically with a breakdown according to the type of decision closing the enquiry.
Chapter 3 details more than one fifth of the closure decisions in 2004.
Chapter 3 details more than one fifth of the closure decisions in 2004.
The regulation on public access to documents (1049/2001 of 30 May 2001) is frequently at the origin of complaints to the Ombudsman.
The regulation on public access to documents (1049/2001 of 30 May 2001) is frequently at the origin of complaints to the Ombudsman.
In 2004, the Ombudsman settled 11 complaints in this area, of which nine were against the Commission and one each against OLAF and the Council.
In 2004, the Ombudsman settled 11 complaints in this area, of which nine were against the Commission and one each against OLAF and the Council.
In one case, he secured a friendly solution from the Commission, under which it supplied the complainant, whose application for access to documents had been rather vague, with a list of documents concerning negotiations in the World Trade Organisation, thus enabling him to make a more precise application.
In one case, he secured a friendly solution from the Commission, under which it supplied the complainant, whose application for access to documents had been rather vague, with a list of documents concerning negotiations in the World Trade Organisation, thus enabling him to make a more precise application.
In other cases, even if no maladministration was detected, the Ombudsman also made remarks.
In other cases, even if no maladministration was detected, the Ombudsman also made remarks.
For example, while accepting that the Commission was entitled to refuse access to parts of a mission report by its Food and Veterinary Office, he suggested that in future it would be useful to record non-confidential information separately from the rest of the report so as to simplify the granting of partial access.
For example, while accepting that the Commission was entitled to refuse access to parts of a mission report by its Food and Veterinary Office, he suggested that in future it would be useful to record non-confidential information separately from the rest of the report so as to simplify the granting of partial access.
In other cases, the Ombudsman made quite critical remarks.
In other cases, the Ombudsman made quite critical remarks.
For example, he noted that the European Parliament’s rules on traineeships could be revised in order to make public the list of names of persons who accept the offer of a traineeship, as requested by a complainant
For example, he noted that the European Parliament’s rules on traineeships could be revised in order to make public the list of names of persons who accept the offer of a traineeship, as requested by a complainant
A further area of complaint concerned the failure to act by the Commission as guardian of the Treaty, in particular with regard to monitoring the application of Community law .
A further area of complaint concerned the failure to act by the Commission as guardian of the Treaty, in particular with regard to monitoring the application of Community law .
Chapter 3 illustrates three decisions in this category, where the most frequent subjects of complaint concern the failure to register complaints, undue delay and failure to investigate properly.
Chapter 3 illustrates three decisions in this category, where the most frequent subjects of complaint concern the failure to register complaints, undue delay and failure to investigate properly.
To take one example, the Ombudsman made critical remarks concerning the failure to register complaints.
To take one example, the Ombudsman made critical remarks concerning the failure to register complaints.
In reply the Commission promised in future to comply more strictly with rules on clarity and transparency and in particular undertook to state the reasons for its refusal to register a complaint.
In reply the Commission promised in future to comply more strictly with rules on clarity and transparency and in particular undertook to state the reasons for its refusal to register a complaint.
In addition, following a draft recommendation, it agreed to comply with the procedures established in a communication to the European Parliament and the European Ombudsman on relations with the complainant in respect of infringements of Community law.
In addition, following a draft recommendation, it agreed to comply with the procedures established in a communication to the European Parliament and the European Ombudsman on relations with the complainant in respect of infringements of Community law.
In another case, the Ombudsman made a further remark asking the Commission to explain its reasons for closing Article 226 complaints in a more intelligible manner.
In another case, the Ombudsman made a further remark asking the Commission to explain its reasons for closing Article 226 complaints in a more intelligible manner.
The Commission also apologised to the complainant for having failed to give him a right to reply in respect of a closure decision.
The Commission also apologised to the complainant for having failed to give him a right to reply in respect of a closure decision.
A further category of complaints concerns the award and management of contracts and grants .
A further category of complaints concerns the award and management of contracts and grants .
Chapter 3 details nine decisions under this heading.
Chapter 3 details nine decisions under this heading.
In one case, where the Commission was at fault with regard to precontractual responsibilities, it accepted a draft recommendation to pay compensation on an ex gratia basis.
In one case, where the Commission was at fault with regard to precontractual responsibilities, it accepted a draft recommendation to pay compensation on an ex gratia basis.
In another case, the Commission acted promptly to rectify an error in the reading of a postmark, which had led it to reject a proposal from the complainant for having been submitted after the deadline.
In another case, the Commission acted promptly to rectify an error in the reading of a postmark, which had led it to reject a proposal from the complainant for having been submitted after the deadline.
In a third case, where a contract was terminated because of failure to meet contractual obligations on the part of a company, the Ombudsman considered that mere reference to the results of an OLAF investigation in the notification sent to the complainant by the Community institutions was not adequate.
In a third case, where a contract was terminated because of failure to meet contractual obligations on the part of a company, the Ombudsman considered that mere reference to the results of an OLAF investigation in the notification sent to the complainant by the Community institutions was not adequate.
The Ombudsman also drew the Commission’s attention to a general principle governing the award of grants, namely the need to strike a fair balance between the interests of private persons and the general public interest.
The Ombudsman also drew the Commission’s attention to a general principle governing the award of grants, namely the need to strike a fair balance between the interests of private persons and the general public interest.
Recruitment and working relations with the Community institutions and bodies gave rise to a whole series of staff complaints.
Recruitment and working relations with the Community institutions and bodies gave rise to a whole series of staff complaints.
Chapter 3 includes details of 15 decisions in this area, which also gave the Ombudsman the opportunity to deal with issues of general importance.
Chapter 3 includes details of 15 decisions in this area, which also gave the Ombudsman the opportunity to deal with issues of general importance.
These included the critical remarks addressed to Parliament because of its failure to apply the rules on smoking at its premises, following a complaint from staff.
These included the critical remarks addressed to Parliament because of its failure to apply the rules on smoking at its premises, following a complaint from staff.
In particular, the Ombudsman disagreed with Parliament's opinion that the question of failure to comply with the rules for coexistence between smokers and non-smokers was a matter for individual responsibility.
In particular, the Ombudsman disagreed with Parliament's opinion that the question of failure to comply with the rules for coexistence between smokers and non-smokers was a matter for individual responsibility.
Parliament's Bureau endorsed the Ombudsman's criticisms and decided to bring forward by two years the total ban on smoking and to strengthen supervision of compliance with the existing restrictions.
Parliament's Bureau endorsed the Ombudsman's criticisms and decided to bring forward by two years the total ban on smoking and to strengthen supervision of compliance with the existing restrictions.
Interinstitutional cooperation
Interinstitutional cooperation
Cooperation between the Ombudsman and the institution or body concerned by a complaint is vital in order to restore citizens' confidence in the respect for the principles of sound administration at European level.
Cooperation between the Ombudsman and the institution or body concerned by a complaint is vital in order to restore citizens' confidence in the respect for the principles of sound administration at European level.
Moreover, the Code of Good Administrative Behaviour adopted by Parliament in 2001 stipulates that the failure to comply with these principles may be the subject of a complaint to the Ombudsman (Article 26).
Moreover, the Code of Good Administrative Behaviour adopted by Parliament in 2001 stipulates that the failure to comply with these principles may be the subject of a complaint to the Ombudsman (Article 26).
That is why the Ombudsman is requesting Parliament's support to secure the effective cooperation of the Commission (the subject of 70% of enquiries) in all cases where complaints are made in future.
That is why the Ombudsman is requesting Parliament's support to secure the effective cooperation of the Commission (the subject of 70% of enquiries) in all cases where complaints are made in future.
The Committee on Petitions endorses this position and also supports the Ombudsman in his aim of increasing the number of proposals for friendly solutions , in order to facilitate the adoption of corrective measures in the event of maladministration.
The Committee on Petitions endorses this position and also supports the Ombudsman in his aim of increasing the number of proposals for friendly solutions , in order to facilitate the adoption of corrective measures in the event of maladministration.
Application and revision of the European Code
Application and revision of the European Code
This committee deplores the fact that, despite its repeated requests to the competent Community authorities to enforce the Ombudsman's draft recommendations and take action on his critical remarks (De Rossa resolution, paragraph 9), there has been no appreciable change in attitude towards a systematic commitment to combating acts or behaviour constituting maladministration.
This committee deplores the fact that, despite its repeated requests to the competent Community authorities to enforce the Ombudsman's draft recommendations and take action on his critical remarks (De Rossa resolution, paragraph 9), there has been no appreciable change in attitude towards a systematic commitment to combating acts or behaviour constituting maladministration.
Furthermore, the Commission persists in using its own code, seemingly ignoring all reminders (most recently in paragraph 21 of the De Rossa resolution) to adopt and apply the European Union Code of Good Administrative Behaviour, which is the only one including provision for informing the public (Article 25).
Furthermore, the Commission persists in using its own code, seemingly ignoring all reminders (most recently in paragraph 21 of the De Rossa resolution) to adopt and apply the European Union Code of Good Administrative Behaviour, which is the only one including provision for informing the public (Article 25).
As a result, the Commission is promoting uncertainty and inconsistency in the management of relations with citizens.
As a result, the Commission is promoting uncertainty and inconsistency in the management of relations with citizens.
For all these reasons, the Committee on Petitions urges the Commission to take measures to end the current situation, whereby institutions and bodies are applying different codes of conduct.
For all these reasons, the Committee on Petitions urges the Commission to take measures to end the current situation, whereby institutions and bodies are applying different codes of conduct.
Furthermore, it calls on the parties concerned by an Ombudsman's enquiry to refer to the relevant articles of the European Code in their correspondence so as to prevent any instances of maladministration.
Furthermore, it calls on the parties concerned by an Ombudsman's enquiry to refer to the relevant articles of the European Code in their correspondence so as to prevent any instances of maladministration.
Lastly, it takes the opportunity to call on all institutions to contribute to the review of the European Code , as provided for in Article 27 thereof.
Lastly, it takes the opportunity to call on all institutions to contribute to the review of the European Code , as provided for in Article 27 thereof.
Shortening deadlines and full explanations in the event of failure to comply with reasonable time limits
Shortening deadlines and full explanations in the event of failure to comply with reasonable time limits
The Committee on Petitions endorses the Ombudsman's efforts to secure acceptance by the European Institutions of shorter deadlines for dealing with complaints concerning refusals to grant access to documents and urges the Council to accept this proposal.
The Committee on Petitions endorses the Ombudsman's efforts to secure acceptance by the European Institutions of shorter deadlines for dealing with complaints concerning refusals to grant access to documents and urges the Council to accept this proposal.
In addition, it deplores the fact that some institutions are unable to provide convincing explanations for their failure to act over long periods of time (almost two years in the case of complaints 2185/2002/IP and 2204/2002/MF against the Commission).
In addition, it deplores the fact that some institutions are unable to provide convincing explanations for their failure to act over long periods of time (almost two years in the case of complaints 2185/2002/IP and 2204/2002/MF against the Commission).
It supports the Ombudsman's critical remarks on this clear lack of action and advocates at least the application by analogy of the measures laid down in Article 17(2) of the European Code in the event of decisions on complex matters.
It supports the Ombudsman's critical remarks on this clear lack of action and advocates at least the application by analogy of the measures laid down in Article 17(2) of the European Code in the event of decisions on complex matters.
Reflections on developments in the Ombudsman's role
Reflections on developments in the Ombudsman's role
One thing stands out clearly in each year's Ombudsman's report, namely, the consistently high percentage of complaints falling outside his mandate (74.8% in 2004, 75% in 2003, 72% in 2002 and 80% in 1995).
One thing stands out clearly in each year's Ombudsman's report, namely, the consistently high percentage of complaints falling outside his mandate (74.8% in 2004, 75% in 2003, 72% in 2002 and 80% in 1995).
Furthermore, an overwhelming majority of these complaints are not directed at a Community institution or body.
Furthermore, an overwhelming majority of these complaints are not directed at a Community institution or body.
At a time when a debate is in progress on the failure on the part of European institutions and national governments to educate the peoples of the Union, following the twin referendum failures in France and the Netherlands on the European Constitutional Treaty, the European Ombudsman and the Committee on Petitions need to fulfil their mission of engaging in dialogue with citizens.
At a time when a debate is in progress on the failure on the part of European institutions and national governments to educate the peoples of the Union, following the twin referendum failures in France and the Netherlands on the European Constitutional Treaty, the European Ombudsman and the Committee on Petitions need to fulfil their mission of engaging in dialogue with citizens.
In particular, they need to explain in a clear and simple manner what their respective powers are and what the fundamental criteria are (allocation of powers, subsidiarity and proportionality) for recognising where 'European powers' derive from and how far they extend, as well as the scope of, and consequently the limits of control over, national administrative acts which fall within the Union's sphere of competence.
In particular, they need to explain in a clear and simple manner what their respective powers are and what the fundamental criteria are (allocation of powers, subsidiarity and proportionality) for recognising where 'European powers' derive from and how far they extend, as well as the scope of, and consequently the limits of control over, national administrative acts which fall within the Union's sphere of competence.
From this standpoint, the initiatives taken by the European Ombudsman, together with a proactive concept of his role can only be encouraged.
From this standpoint, the initiatives taken by the European Ombudsman, together with a proactive concept of his role can only be encouraged.