On the annual report on the activities of the European Ombudsman in 2023

The annual report on the activities of the European Ombudsman in 2023 was formally submitted to the President of the European Parliament, Roberta Metsola, on 18 April 2024 and the Ombudsman, Emily O’Reilly, presented the report to the Committee on Petitions in Brussels on 4 September 2024.

The Ombudsman’s mandate is enshrined in Articles 24 and 228 of the Treaty of the Functioning of the European Union (TFEU). Article 24 of the TFEU, as well as Article 43 of the EU Charter of Fundamental Rights, establishes the right to complain to the European Ombudsman. According to Article 228 TFEU, the European Ombudsman elected by the European Parliament, is empowered to receive complaints from any citizen of the Union, or any natural or legal person residing or having its registered office in a Member State, concerning instances of maladministration in the activities of the Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union acting in its judicial role.

An additional cornerstone, particularly bound to the Ombudsman’s role, is Article 41(1) of the EU Charter of Fundamental Rights where it is underlined that ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’.

The European Ombudsman helps people, businesses, and organisations facing problems with the EU’s administration by dealing with complaints received, as well as by seeking to promote good administrative practices by proactively identifying broader systemic issues in the EU institutions. If the Ombudsman is not in a position to inquire into complaints received, her Office tries to help all those seeking assistance, for example by providing advice on other possibilities for redress.

In 2023, 17 550 citizens addressed the Ombudsman, of whom 14 423 were given advice through the Interactive Guide on the Ombudsman’s website, while 735 requests for information were replied to by the Ombudsman’s services and 2 392 were handled by the Ombudsman as complaints.

Out of the total number of 2 392 complaints processed by the Ombudsman in 2023, 886 fell within the Ombudsman’s mandate and 1 506 fell outside the scope of the Ombudsman’s mandate.

In 2023, the European Ombudsman processed 1 506 complaints that did not fall within her mandate, mostly because they did not concern the work of the EU administration. Over 40 % of such complaints came from Spain, Poland and Germany. Citizens directed complaints to the Ombudsman with issues concerning equal treatment or discrimination, court cases, consumer protection, banking, and administrative transparency. The out of mandate complaints primarily related to problems encountered with national, regional or local public authorities, governments and public service bodies, and national or international courts (such as the European Court of Human Rights). Some out of mandate complaints concerned EU institutions, but were related to political or legislative work.

In the cases of the out of mandate complaints, the Ombudsman clarified its mandate and advised complainants to turn to other bodies that could help, e. g., the Ombudsman guided complainants to national and regional ombudsman institutions, to EU institutions (mostly the European Commission and the European Parliament), and networks, such as SOLVIT and the European Consumer Centres. Where complainants were unhappy with specific EU legislation, the Ombudsman advised them to turn to the European Parliament’s Committee on Petitions.

In 2023, the Ombudsman opened 398 inquiries, of which 393 were complaint-based and five were own-initiative inquiries, while closing 372 inquiries (369 complaint-based and 3 own-initiative inquiries).

Most of the Ombudsman’s inquiries concerned the Commission (250 inquiries or 62,81 %), the next largest number concerned the European Personnel Selection Office (EPSO) (47 inquiries or 11,81 %), the Parliament (16 inquiries or 4,02 %) and the European Border and Coast Guard Agency (FRONTEX) (11 inquiries or 2,76 %). The rest were distributed as follows: European Anti-Fraud Office (7 inquiries or 1,76 %), Council of the European Union (7 inquiries or 1,76 %), European Data Protection Supervisor (6 inquiries or 1,51 %), European External Action Service (EEAS) (6 inquiries or 1,51 %), European Union Intellectual Property Office (5 inquiries or 1,26 %), other EU agencies (33 inquiries or 8,27 %) and other EU institutions or bodies (12 inquiries or 3,01 %).

The inquiries closed by the European Ombudsman in 2023 where settled by the institution in 206 cases (55,4 %), there was no maladministration found in 99 cases (26,6 %) and in 27 (7,3 %) cases the Ombudsman found maladministration and a recommendation was agreed by the institution.

The length of inquiry of cases closed by the European Ombudsman in 2023 was less than 6 months on average. 203 cases (54%) where closed within 3 months, 114 cases (31%) were closed within 3 to 12 months, 40 cases (11%) were closed within 12 to 18 months and only 15 cases (4%) were closed after more than 18 months.

The acceptance rate (the percentage of positive replies to the total number of proposals by the Ombudsman) for 2023, which covers cases closed in 2022, was 81 % of the cases. Of the 83 proposals made by the Ombudsman to correct or improve their administrative practices, the EU institutions reacted positively to 67 of them.

The top three concerns in the inquiries closed by the Ombudsman in 2023 were transparency and accountability (34,2 %), culture of service (21,5 %) and recruitment (15,3 %). Other concerns include good management of personnel issues, proper use of discretion (including in infringement procedures), proper management of infringement procedures, respect for fundamental rights, respect for procedural rights, grants, procurement, contracts, ethical issues, public participation in EU decision making and sound financial management.

In addition to the Ombudsman’s core work on complaints, the Ombudsman also conducts wider strategic inquiries and initiatives into systemic issues with EU institutions. As part of its strategic work in 2023, the Ombudsman’s Office conducted strategic inquiries and took strategic initiatives on various topics:

 Access to documents

Public access to documents is a fundamental right that safeguards the transparency and legitimacy of the EU institutions. Documents and information sought by the public are often time sensitive and can lose relevance to the requester if delays occur. The Ombudsman’s own-initiative inquiry in 2023 ‘The time taken by the European Commission to deal with requests for public access to documents’ found that there are systemic and significant delays, particularly in how the Commission deals with requests to review initial decisions on access requests, and that it often fails to meet the time limits set out in the applicable legislation by a considerable amount. The Ombudsman concluded that the significant systemic delays and failure by the Commission to comply with the time limits under the Regulation (EC) No 1049/2001 amount to maladministration. Following the inquiry the Ombudsman asked the European Commission to deal with systemic delays in its handling of access to documents requests, especially confirmatory requests. Moreover, the Ombudsman sent a special report to the European Parliament, asking for a support in getting the Commission to act on the Ombudsman’s recommendation. The report was discussed with Members of the European Parliament in the Committee for Civil Liberties, Justice and Home Affairs.

The Ombudsman opened an own-initiative inquiry into how the European Parliament, the Council of the European Union and the European Commission handle requests for public access to legislative documents. The inquiry concerns notably the time taken to deal with such requests and how the institutions apply exceptions under the EU legislation on public access to withhold access. The Ombudsman sought to inspect documents held by the institutions related to requests for public access to documents concerning the Digital Markets Act, the revision of the EU Emissions Trading System Directive, and the Minimum Wage Directive.

In the inquiry ‘The time taken by the European Border and Coast Guard Agency (Frontex) to deal with requests for public access to documents’ the Ombudsman found issues with the practices used by Frontex when dealing with requests that it considers imprecise or that concern a large amount of documents or large documents. The Ombudsman considered that this amounts to maladministration and made a recommendation to Frontex that it discontinue the practices.

The Ombudsman also looked into the transparency of the decision making by the Council of the EU concerning sanctions in the context of Russia’s invasion of Ukraine. While taking note of the Council’s explanation of why it cannot make proactively available more documents concerning the adoption of sanctions the Ombudsman encouraged the Council to continue its efforts to inform the public adequately about the restrictive measures, to the greatest extent possible.

In an inquiry related to environmental decision-making, the Ombudsman criticised the Commission’s refusal to provide access to documents concerning greenhouse gas emissions of the ceramics industry reported under the EU’s emissions trading system (EU ETS). The Ombudsman envisaged conducting a broader inquiry into how the Commission interprets the scope of environmental information and information related to emissions into the environment, given the particular importance of ensuring transparency in environmental decision-making.

In addition, in 2023, the Ombudsman published a guide on access to EU documents in order to raise citizens’ awareness and understanding of this public right as well as to enable them to scrutinise EU decision making. Moreover, the Ombudsman contributed to the clarification of what constitutes an EU document by criticising the Commission’s initial failure to include specific emails in the scope of an access request.

 Fundamental rights

In 2023, the Ombudsman opened an own-initiative inquiry into how the European Border and Coast Guard Agency (Frontex) complies with its fundamental rights obligations in the context of its search and rescue activities. The inquiry looked into how Frontex ensures the respect of fundamental rights in the context of search and rescue (SAR) operations in the Mediterranean in conducting its surveillance activities and joint maritime operations with Member State authorities. The inquiry demonstrated shortcomings in how Frontex reacts in maritime emergency situations in which it becomes involved and to address these shortcomings the Ombudsman made a series of suggestions on Frontex’s work.

In an own-initiative inquiry to assess how the European Commission ensures respect for fundamental rights in EU-funded migration management facilities in Greece the Ombudsman identified issues with how the Commission has complied with its duty to ensure the ‘Multi-Purpose Reception and Identification Centres’ (MPRICs) for accommodating migrants and asylum seekers comply with fundamental rights standards. The inquiry also identified issues with the transparency of the Task Force on Migration Management, which was set up by the Commission to improve conditions and end overcrowding in migrant reception centres. The Ombudsman made suggestions to address these issues and welcomed the Commission’s decision to work with local authorities to draw up a fundamental rights impact assessment of migration management facilities in Greece, to make this assessment public, and to review it periodically.

As part of its strategic work the Ombudsman also asked the European Commission more information about the Memorandum of Understanding (MoU) signed in July 2023 between the EU and Tunisia, especially how it plans to ensure respect for human rights in migration-related actions resulting from the agreement.

In 2023, the Ombudsman concluded an initiative, which looked into how the European Union Asylum Agency complies with its fundamental rights obligations and ensures accountability for potential fundamental rights violations, and made suggestions with a view to addressing the identified shortcomings.

 Ethical issues

In 2023, the Ombudsman looked at conflicts of interest risks in areas such as the European Defence Fund (EDF). The Ombudsman opened an inquiry into how the Commission ensures the absence of conflicts of interest among external experts evaluating EDF project proposals as, contrary to the general practice for the evaluation of proposals meant to receive EU funding, the Commission is not required to make public the names of the experts it consults for these projects. The Ombudsman asked the Commission how Commission staff evaluate and verify experts’ self-declarations, how often conflicts of interest have been identified, if the Commission has guidance for when experts may be retained despite potential conflicts of interest, and how the Commission deals with alerts concerning conflicts of interest from outside sources.

In the strategic inquiry on the transparency of the European Commission’s interactions with representatives of the tobacco industry the Ombudsman identified the failure by the Commission to keep and make available minutes of meetings with tobacco interest representatives and to ensure a systemic assessment, across all directorates-general, as to whether potential meetings with tobacco industry representatives are needed. The Ombudsman found that the failure by the Commission to ensure a comprehensive approach to transparency of meetings with representatives of the tobacco industry constitutes maladministration. However, the Ombudsman welcomed the Commission’s commitment to assessing further the exposure of its departments to lobbying by the tobacco industry.

Improving the European Parliament’s ethics and transparency framework constituted a further topic of the Ombudsman’s concerns and a series of exchanges were organised with the Parliament on its plans to reform its ethics rules. The Ombudsman also provided input on the 14-point proposal for reform presented by the Parliament’s President, Roberta Metsola. The Ombudsman acknowledged significant progress in strengthening the rules, but noted that it is not clear how the European Parliament will monitor and enforce the new rules.

The Ombudsman carried out a strategic initiative into how the Commission deals with the provision by third parties of travel expenses and hospitality in the context of business trips. The Ombudsman sought to determine the extent of this practice and how the Commission checks that there are no conflicts of interest when third parties cover the expenses incurred by Commission staff and clarifications from the Commission on how it ensures that its Directors-General comply with their obligation to disclose in a timely manner information on lobby meetings. The Ombudsman identified a vulnerability in the system of self-declaration and encouraged the Commission to reflect on improvements to ensure compliance.

 Accountability in decision making

The Ombudsman opened an own-initiative inquiry to look into the risk management role of the European Commission regarding dangerous chemical substances in the EU and, notably, the time taken to place substances on the authorisation list and introduce restrictions to mitigate risks. The opening of the inquiry follows concerns raised in the Ombudsman’s public consultation on transparency and accountability in EU environmental decision making carried out in 2022, as the respondents identified various difficulties that undermine the ability to follow or contribute to decision-making processes. The Ombudsman set out a series of questions to the Commission aimed at determining the extent of and reasons for delays.

The Ombudsman carried out a strategic initiative concerning the transparency and accountability in the implementation of the EU’s Recovery and Resilience Facility (RRF). The initiative looked at the transparency of the national recovery and resilience plans, public information and communication strategies on the RRF, and how the funds are supervised.

The Ombudsman carried out a strategic initiative on how the European Medicines Agency (EMA) ensures proactive transparency of clinical trial data concerning medicines seeking EU marketing authorisation. The Ombudsman welcomed EMA’s efforts to fully relaunch its proactive publication policy and encouraged to share information about options for the next phases of the relaunch with the public as soon as possible.

The Ombudsman also launched a strategic initiative looking into how the European Commission ensures the transparency of the EU-US Trade and Technology Council (TTC), which is as a forum for the EU and the US to coordinate approaches to trade, economic, and technology issues and to deepen transatlantic trade and economic relations.

 Personnel issues

Following a significant number of complaints concerning the use by the European Personnel Selection Office (EPSO) of remote testing in selection procedures to recruit EU civil servants, in 2023, the Ombudsman carried out an own-initiative inquiry to look into the issues raised. Several candidates complained about the tests, specifically in relation to the requirement that they be exclusively carried out remotely. They cited technical issues during the tests and problems with receiving assistance from EPSO and its contractor.

The Ombudsman’s inquiry identified various issues in how EPSO organised and oversaw the remote tests, including regarding the requirements it put in place. The inquiry also identified shortcomings in the information provided by EPSO to applicants and candidates, as well as how it dealt with complaints and the rescheduling of tests. The Ombudsman made suggestions for improvement to EPSO.

In a separate strategic initiative the Ombudsman draw attention of the Commission to the information it provides to unsuccessful applicants in the context of public procurement and grant procedures. In particular, the Ombudsman asked the Commission to provide clearer information to unsuccessful applicants about the internal remedies available to them and the need to use them before turning to the Ombudsman. Satisfied with the outcome of the Commission’s response, the Ombudsman closed the initiative in 2023.

European Network of Ombudsmen

The European Network of Ombudsmen (ENO) is an informal network coordinated by the European Ombudsman and consists of over 95 offices from across Europe, as well as the European Parliament’s Committee on Petitions. The annual ENO conference in 2023 focused on protection of human rights and reflected on the role ombudsmen play in exposing harm, protecting people’s rights, and holding administrations accountable. ENO also discussed the use of artificial intelligence (AI) in public administrations and welcomed the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina joining the Network.

Relations with the European Parliament

In 2023, the European Ombudsman maintained close cooperation with the European Parliament and, besides presenting the Office’s work at several committee hearings and exchanges of views, discussed the integrity and transparency reforms launched in the Parliament. In September, the Ombudsman sent a special report to Parliament on the European Commission’s systemic delays in handling access to documents requests. In 2023, the member of the Ombudsman’s Strategic Inquiries Team participated in discussion on the EU institutions’ efforts to ensure effective communication with and about persons with disabilities during an Annual Workshop on the rights of people with disabilities, organised by the Committee on Petitions. The Chair of the Committee on Petitions Dolors Montserrat also participated as a panellist at the annual conference of the European Network of Ombudsmen, of which the Committee on Petitions is a member, during a session focused on the EU elections and the election of the European Ombudsman.

UN Disability Rights Convention

As a member of the EU Framework for the UN Convention on the Rights of Persons with Disabilities, the Ombudsman played close attention to the EU administration’s implementation of the UN CRPD.

In addition, in 2023, the Ombudsman dealt with a number of inquiries related to the rights of persons with disabilities. In February, the Ombudsman closed her inquiry into how the European Commission applies the rule under the EU Staff Regulations concerning the granting of a double child allowance for assisting with the care of children with disabilities and asked the Commission to revise its approach. Finally, the Ombudsman’s Office presented its work related to the rights of persons with disabilities at several events throughout the year 2023, including at the fifth European Parliament for Persons with Disabilities.

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he received input from the following entities or persons in the preparation of the draft report, prior to the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur(s).

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.