The Data Protection News

Tuesday, May 27, 2008

Diamantouros: Reform Treaty extends his competence to the whole EU administration

The European Ombudsman, Prof. Nikiforos Diamantouros, in the course of a press conference, at the Greek Ombudsman premises today morning, gave some very interesting answers on the impact of the Reform Treaty to the margin of his mandate.

It is well known that the EO, as a community institution has the mandate to examine complaints with the aim to combat maladministration within the framework of the EC administration. This practically means that he is not competent to examine a complaint with regard, for example, not granting access to documents, when kept by second or third pillar services.

In a relevant question I posed him, Mr Diamantouros explained that, by abolishing the three pillars structure and recognizing a legally binding status for the EU Fundamental Rights Charter (including its article on "good administration" and the right to lodge a complaint with the European Ombudsman), the ratification of the Reform Treaty will extend his powers to the whole EU administration, beyond the EC pillar.

 To make it more clear, Mr Diamantouros underlined that this extension covers also the European Council's activities. 

This emphasis is of utmost importance, given the Ombudsman's fight for transparency when the institutions exercise their legislative powers. Mr Diamantouros did not mention it, but it is profound that the mandate extension will allow the Ombudsman to call for more openness at the Council, when acting as a legislator.


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