Modified Statute for the European Ombudsman

The European Commission welcomes the fact that the European Parliament today adopted modifications to the Ombudsman's Statute, which will enhance the Ombudsman's powers of inquiry and will introduce clear references to the rules on transparency and confidentiality. The decision follows the opinion of the Commission and the approval of the Council.

President of the European Commission, José Manuel Barroso said, "I am pleased that the European institutions reached a unanimous support to the reinforcement of the role of the European Ombudsman, as proposed by the European Parliament. This shows our joint commitment to openness, transparency and accountability".

Margot Wallström, Vice-President, Institutional Relations and Communication Strategy said: "The citizens must have confidence in the Ombudsman's capacity to conduct thorough and impartial inquiries. Today's decision gives the Ombudsman more clear, concise and efficient rules. I am happy the Commission has been able to contribute to this development, which will help enhance citizens' trust in the European institutions".

The modified Statute introduced four substantial modifications:

1. ACCESS TO FILES:

The institutions decided to allow the Ombudsman to consult any document he needs in the course of his inquiry and to lift the secrecy exception for access to a file. The Commission has never used this exception, but it is important that this transparency is clear for the citizen. The new rules also clarify and strengthen the provisions for the Ombudsman to maintain the confidentiality of documents disclosed to him.

2. COOPERATION IN THE FIELD OF HUMAN RIGHTS:

The co-operation of the European Ombudsman with national ombudsmen has been extended to bodies in charge of the promotion and protection of human rights in Member States.

3. HEARING OF WITNESSESS BY THE OMBUDSMAN:

The new wording recalls that officials who testify do not speak on a personal basis, but as officials. The original formulation referred to speaking "in accordance with instructions from their (the civil servants') administrations" and could give the impression that officials might not give authentic and complete evidence.

4. INFORMATION CONCERNING POSSIBLE CRIMINAL ACTIVITIES:

The Ombudsman will notify the European Anti-Fraud Office (OLAF), if in the course of his inquiries, he receives information which might fall within OLAF's remit.

BACKGROUND

On the basis of a request by the European Ombudsman in July 2006, the European Parliament adopted amendments to the Statute of the Ombudsman on 22 April 2008. The Commission gave a favourable opinion on 7 May 2008. The Council approved them on 12 June 2008 under the Slovenian Presidency.