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European Ombudsman

Problems with the EU? Who can help you ?


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European Union, 2011Reproduction for educational and non-commercial purposesis authorised, provided the source is acknowledged.This booklet is published on the Internet at:h p://www.ombudsman.europa.euAll photographs European Union, unless otherwise indicated.Design and layout by Rosendahls - Schultz Gra sk,Albertslund, Denmark, and EntenEller A/S, Valby, Denmark.Set in FrutigerNext and Palatino.Printed in LuxembourgISBN 978-92-9212-232-4 . doi:10.2869/25088 . QK-32-10-596-EN-C

The European Ombudsman seeks fair outcomes to complaints against

European Union institutions, encourages transparency, and promotesan administrative culture of service. He aims to build trust throughdialogue between citizens and the European Union and to foster thehighest standards of behaviour in the Unions institutions.


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The European Union provides many bene ts to EU citizens, residents, businesses, and associations. Nationals of EU Member States are also EUcitizens, and enjoy a range of rights as a result of European citizenship.You may encounter problems, however, when it comes to exercisingyour rights.

Ever wondered who could help you? It may not always be clear whether theproblem is caused by the EU administration, the authorities of a Member State,or a private entity. Even if you do know who is at fault, it may not be obviouswhere you can turn for help. In a Union based on the fundamental principleof the rule of law, it is of vital importance that there should be a quick ande ective remedy for any problems you encounter in obtaining your rights.

The European Ombudsman has produced this brochure to give you anoverview of the di erent information, advice, and complaint-handling bodiesthat you might consider turning to. To help you be er understand how each ofthe bodies listed can help you, we have included, within each section, examples

of the type of help the body concerned can provide.A comprehensive interactive guide is also available on the EuropeanOmbudsmans website to help you identify the most appropriate bodyto turn to with a complaint or request for information.

Introduction


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Contents

The European Ombudsman 5The European Network of Ombudsmen 8

The European Parliaments Commi ee on Petitions 10

The European Commission 11

The European Data Protection Supervisor 12

SOLVIT 13European Consumer Centres 14

Information and advice 15


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Th Europ n mbu n

The European Ombudsman is an independent and impartial body that holdsthe EU administration to account. The Ombudsman investigates complaintsabout maladministration in EU institutions, bodies, o ces, and agencies.Only the Court of Justice of the European Union, acting in its judicialcapacity, falls outside the Ombudsmans mandate. The Ombudsman may ndmaladministration if an institution fails to respect fundamental rights, legal

rules or principles, or the principles of good administration.

This covers administrative irregularities, unfairness, discrimination, abuseof power, failure to reply, refusal of information, and unnecessary delay, forexample. Any citizen or resident of the EU, or business, association, or other body with a registered o ce in the EU, can lodge a complaint. You need not be individually a ected by the maladministration to complain. Please notethat the European Ombudsman can only deal with complaints concerning theEU administration and not with complaints about national, regional, or localadministrations, even when the complaints concern EU ma ers.

The Ombudsman cannot investigate:

complaints against national, regional, or local authorities in theEU Member States, even when the complaints are related to EU ma ers; the activities of national courts or ombudsmen; complaints against businesses or private individuals.


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You should submit your complaint:

within two years of becoming aware of the facts on which yourcomplaint is based; a er having rst contacted the EU institution concerned to tryto resolve the ma er; in writing, including via the online complaint form availableon the European Ombudsmans website.

The form can be submi ed electronically or printed out and sent by post.It is also available in paper format from the European Ombudsmans o ceon request. You may submit your complaint in any of the 23 o cial languagesof the EU.

EU


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To nd out more, visithttp://www.ombudsman.europa.eu

Case examples

An Irish citizen asked the EuropeanMedicines Agency (EMA) for accessto documents containing details of allsuspected serious adverse reactionsrelating to an anti-acne drug. His son hadcommitted suicide after taking the drug.The EMA refused his request, arguingthat the EU rules on access to documentsdid not apply to reports concerningsuspected serious adverse reactions todrugs. After investigating the complaint,the Ombudsman concluded that theEU rules on access to documents applyto all documents held by the EMA. Herecommended that the EMA review itsrefusal to grant access to the adversereaction reports. The Ombudsman alsosuggested that, as par t of its informationpolicy, the EMA could provide additionalclarifications to make it easier for thepublic to understand such data and

their significance. The EMA acceptedthe Ombudsmans recommendation byannouncing the release of the reports.It also adopted a new, proactive policydesigned to enhance transparency inmatters concerning access to documentsthat are in its possession.

A Brussels-based non-governmentalorganisation complained to the Ombudsman

that the European Commission had failedto deal with its file and to pay, within

the 45-day deadline provided for inthe grant agreement, the outstandingbalance for a study it had conducted.The complainant had submitted thefinal report, financial statements, andother required documents within therequired deadline. While the Commissionacknowledged receipt of the report, it didnot pay the outstanding balance. In replyto the first of several reminders from thecomplainant, it cited holidays and staffshortages as the causes of the delay. TheOmbudsman contacted the Commission,which reacted immediately by contactingthe complainant and resuming discussions.It also apologised to the complainantfor the delay, and promised to calculatethe balance and pay it as soon as thecomplainant commented on it.

A Bulgarian national criticised the fact

that the online registration form on theEU Bookshop website (http://bookshop.europa.eu) could only be filled in by usingLatin alphabet characters. He argued thatit should also be possible to use Cyrillicand Greek characters. The Ombudsmanopened an inquiry into the case. ThePublications Office, responsible for thewebsite, responded to the Ombudsman bypromising to ensure the use of both Cyrillic

and Greek characters for online registrationon EU Bookshop.

Who can help you? 7


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The European Network of

OmbudsmenNational and regional ombudsmen throughout the EU make a vital contributionto ensuring that citizens and residents enjoy their rights under EU law. Theombudsmen deal with complaints against national, regional, and local publicauthorities in the Member States. Together with the European Ombudsman andthe European Parliaments Commi ee on Petitions, they form the EuropeanNetwork of Ombudsmen. The network includes the national and regional

ombudsmen and similar bodies of the EU Member States, the candidatecountries for EU membership, and certain other European countries.

The precise grounds on which an ombudsman can act vary within the network, but normally include: violation of rights, including human and fundamentalrights; other unlawful behaviour, including failure to respect general principlesof law; and failure to act in accordance with principles of good administration.A statement of the European Network of Ombudsmen, which clari es theservice that the members of the network provide to people who complain about

ma ers within the scope of EU law, is available on the European Ombudsmanswebsite, where you can also nd information on how to lodge a complaint withan ombudsman in the network.

8 Problems with the EU?


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To nd out more, visithttp://www.ombudsman.europa.eu/atyourservice/enointroduction.faces


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Case examplesPetitioners complained to ParliamentsCommittee on Petitions that the UnitedKingdom authorities were taking toolong to deliver residence cards, and thatthey were withholding travel documentsthroughout the procedure. The Committee

requested that the European Commissioninvestigate these issues. The Commissionconcluded that the United Kingdomauthorities were indeed not complyingwith the EU rule to issue residencecards within six months of application.The United Kingdom recognised theseriousness of the situation and, to remedyit, significantly increased the number ofstaff dealing with applications, and also

improved training and procedures. Inaddition, the authorities introduced ane-mail address for applicants requestingthe return of passpor ts for travel withinten working days.

Parliaments Committee on Petitionsreceived several petitions claiming that aroad the Polish authorities were p lanningto build across the Rospuda Valley wouldcross eco-sensitive areas and seriouslyencroach upon other areas protected

under EU law. An investigation confirmedthis claim, and also found that the Polishauthorities had failed to demonstrate thatthey had properly examined alternativesto the planned route. On this basis, theCommittee prepared a report, calling fora change to the plans. With this and itsown findings, the European Commissionrequested that the Court of Justice of theEuropean Union halt the project while

it considered its legality. The actions ofboth the Committee and the Commission,combined with domestic legal pressure,resulted in a decision by the Polishauthorities not to build the road throughthe Rospuda Valley.

The European Parliaments

Committee on PetitionsThrough its Commi ee on Petitions, the European Parliament deals withpetitions relating to ma ers falling within the EUs eld of activity. Petitionscover a very broad range of issues, from environmental concerns todiscrimination and delay. Parliament can draw a ention, through petitions,to infringements of European citizens rights by a Member State, local authority,or other public institution.

To nd out more, visithttp://www.europarl.europa.eu/activities/committees/homeCom.do?language=EN&body=PETI



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The European CommissionThe European Commission is responsible for ensuring that Member Statesrespect EU law. In carrying out this task, the Commission is known informallyas the Guardian of the Treaties. You can complain to the Commission if you believe a Member State is infringing EU law.

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Who can help you? 11

To nd out more, visit your_rights_forms_en.htmhttp://ec.europa.eu/eu_law/your_rights/


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Case exampleThe EDPS was informed anonymously

about the fact that personal data ofcandidates who pass the pre-selectiontests in competitions for EU civil servantsare processed by an external contractorlocated in a non-EU country. The EDPSopened an inquiry into this case on hisown initiative, which led to the conclusionthat in fact, even though the EuropeanPersonnel Selection Office (EPSO) hadconcluded a contract with an externalfirm registered in the United Kingdom,the data processing operations themselveswere performed in the United States.The EDPS requested EPSO to verify if therelevant conditions laid down in the EUsdata protection rules are respected andto amend the contract so as to ensureadditional guarantees for the data subjectsconcerned.

The European Data Protection

SupervisorThe European Data Protection Supervisor (EDPS) is an independent supervisoryauthority devoted to protecting personal data and privacy and to promotinggood practice in the EU institutions and bodies. It does so by monitoring the EUadministrations processing of personal data, advising on policies and legislationthat a ect privacy, and cooperating with similar authorities at the EU level, inthe Member States, and beyond. The EDPS receives complaints from EU sta

members, as well as from other people who feel that their personal data have been mishandled by a European institution or body. If a complaint is admissible,the EDPS usually carries out an inquiry. The ndings are communicated to thecomplainant, and necessary measures are adopted.

To nd out more, visithttp://www.edps.europa.eu/EDPSWEB/edps/Supervision/Complaints



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SOLVITSOLVIT deals with cross-border problems between citizens or businesses, on theone hand, and national public authorities, on the other. It is an online networkthat the European Commission coordinates. Through SOLVIT national centres,the EU Member States, plus Iceland, Liechtenstein, and Norway, work togetherto solve, within ten weeks, problems that arise when national public authoritiesmisapply internal market law.

To nd out more, visithttp://ec.europa.eu/solvit

Who can help you? 13


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Case examplesA Czech consumer bought a new motorbikein Germany. Although he made it clearthat he was going to export the bike tothe Czech Republic, the price incorrectlyincluded value added tax, which shouldbe paid in the country where the vehicle isregistered. The consumer paid value addedtax twice in Germany and in the CzechRepublic. The consumer was not successfulin solving the matter with the seller andwith the tax office in Germany responsiblefor handling cases where a taxpayer is anon-resident. On the initiative of the CzechECC, the German ECC intervened and thedealer refunded to the consumer the valueadded tax unduly charged.

A consumer from Lithuania booked a hotelin Belgium. Upon arrival, the hotel askedfor a deposit of EUR 150 as a guaranteefor any additional costs, such as use of theInternet. The consumer provided her creditcard as guarantee. The hotel withdrew thedeposit from the consumers credit card,even though she did not use any extraservices. She sent a letter to the hotelasking for an explanation and when shedid not receive a reply, called the hotel,which promised to set tle the matter. Asthe hotel did not call her back, she turnedto ECC Lithuania for assistance. Followingthe intervention of ECC Lithuania andECC Belgium, the consumer recovered her

deposit.

European Consumer CentresThe European Consumer Centres (ECCs), set up in each of the 27 EU MemberStates, as well as in Iceland and Norway, provide legal and practical adviceand support to consumers with respect to cross-border shopping and serviceswithin the internal market. An ECC can contact a company in any of these29 countries other than your own on your behalf, direct you to a disputeresolution scheme, or propose other solutions.

To nd out more, visithttp://ec.europa.eu/consumers/ecc



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If you require a large print version of this publication,please contact the European Ombudsmans office.We shall also endeavour to provide an audio versionupon request.

European Ombudsman 1 avenue du Prsident Robert Schuman CS 30403 F - 67001 Strasbourg Cedex

T. +33 (0)3 88 17 23 13 F. +33 (0)3 88 17 90 62 [email protected]

http://www ombudsman europa eu

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whocanhelpyou2011_en - Transparência na União Européia