The European ombudsman: The champion of transparency within Brussels bureaucracy

Abstract

The European Ombudsman investigates complaints about maladministration in the activities of the EU institutions, bodies, offices or agencies, with the exception of the Court of Justice of the EU acting in its judicial role. Cases of maladministration related to the transparency issues are the most common in the European Ombudsman s practice. Therefore, the main goal of this paper is to analyze the role and contribution of Ombudsman in this area, as well as challenges and difficulties which lie ahead in his work. The analysis is largely based on case studies (cases brought by complaints, as well as the Ombudsman s own-initiative inquiries), and on the interpretation of EU legal documents enacted in this area. The principle of transparency is violated when institutions unreasonably refuse to provide information or documents, when they provide misleading or wrong information, and further still when without reasonable explanations they exclude the public from their meetings or consultation process. These issues have been analyzed separately in the paper, due to the complexity of the principle of transparency and a better understanding of its various aspects. The main conclusion of this paper is that, despite numerous difficulties, the European Ombudsman has become a true champion of the principle of transparency within the EU, contributing to the reduction of its democratic deficit and strengthening the legitimacy of its institutions.