European Union, European Ombudsman
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European Ombudsman
EUROPEAN UNION
EUROPEAN OMBUDSMAN PROPOSES CHAPTER ON REMEDIES FOR NEW EU TREATY
The European Ombudsman, Jacob Söderman, has called for a chapter on remedies to be included in a future constitutional Treaty of the EU. The Ombudsman made this proposal during his first contribution to the Convention on the Future of Europe saying that "citizens do not know how to protect their Community law rights", as remedies are not set out in the current Treaty.
The chapter on remedies would set out the possibilities for judicial and non-judicial redress when Community law rights are not respected. It should inform citizens that they have the right to:
- go to national courts to defend their rights under Community law;
- petition the European Parliament about infringements of Community law by Member States;
- complain to an ombudsman or similar body in each Member State.
The remedies would also protect fundamental rights, assuming that the Charter of Fundamental Rights ─ proclaimed in Nice in December 2000 ─ is made binding when applying Community law. The Ombudsman stated that if the Charter is made binding, he is willing to deal with cases of principle involving fundamental rights. He could be responsible for referring such cases to the Court of Justice, if a normal ombudsman investigation does not bring about a solution.
The Ombudsman's proposal is available on his website in all 11 EU official languages at:
http://www.euro-ombudsman.eu.int/letters/en/20020712-1.htm
Strengthening the network
Following on from this proposal, the Ombudsman called for the network of ombudsmen and petitions committees in the Member States to be strengthened to help ensure the respect for Community law all over the Union.
The European Ombudsman established the network of ombudsmen and similar bodies in the European Union in 1996. According to Mr. Söderman, this network could help to supervise the correct application of Community law by the Member States and the correct application of the Charter of Fundamental Rights, assuming that this is made binding when Community law is being applied.
Mr. Söderman spoke of the need to strengthen the network during the debate on his Annual Report 2001 in the European Parliament on 26 September 2002. His speech to the plenary is available on his website at:
http://www.euro-ombudsman.eu.int/speeches/en/2002-09-26.htm
PUBLICATIONS
The European Ombudsman recently published the eighth liaison letter for national and regional ombudsmen and similar bodies in the EU and the applicant countries. The liaison letter is available in English, French, German, Spanish and Italian from the Ombudsman's office:
The European Ombudsman
1, avenue du Président Robert Schuman,
BP 403
67001 Strasbourg Cedex
France
Recent additions to the European Ombudsman's website include:
Speech by the European Ombudsman during the ceremony for the award of the Légion d'Honneur by Mrs Noëlle Lenoir, French Minister for European Affairs:
http://www.euro-ombudsman.eu.int/speeches/en/2002-09-03.htm
Newsletter No. 28
European Ombudsman
EUROPEAN UNION
EUROPEAN OMBUDSMAN PROPOSES CHAPTER ON REMEDIES FOR NEW EU TREATY
The European Ombudsman, Jacob Söderman, has called for a chapter on remedies to be included in a future constitutional Treaty of the EU. The Ombudsman made this proposal during his first contribution to the Convention on the Future of Europe saying that "citizens do not know how to protect their Community law rights", as remedies are not set out in the current Treaty.
The chapter on remedies would set out the possibilities for judicial and non-judicial redress when Community law rights are not respected. It should inform citizens that they have the right to:
- go to national courts to defend their rights under Community law;
- petition the European Parliament about infringements of Community law by Member States;
- complain to an ombudsman or similar body in each Member State.
The remedies would also protect fundamental rights, assuming that the Charter of Fundamental Rights ─ proclaimed in Nice in December 2000 ─ is made binding when applying Community law. The Ombudsman stated that if the Charter is made binding, he is willing to deal with cases of principle involving fundamental rights. He could be responsible for referring such cases to the Court of Justice, if a normal ombudsman investigation does not bring about a solution.
The Ombudsman's proposal is available on his website in all 11 EU official languages at:
http://www.euro-ombudsman.eu.int/letters/en/20020712-1.htm
Strengthening the network
Following on from this proposal, the Ombudsman called for the network of ombudsmen and petitions committees in the Member States to be strengthened to help ensure the respect for Community law all over the Union.
The European Ombudsman established the network of ombudsmen and similar bodies in the European Union in 1996. According to Mr. Söderman, this network could help to supervise the correct application of Community law by the Member States and the correct application of the Charter of Fundamental Rights, assuming that this is made binding when Community law is being applied.
Mr. Söderman spoke of the need to strengthen the network during the debate on his Annual Report 2001 in the European Parliament on 26 September 2002. His speech to the plenary is available on his website at:
http://www.euro-ombudsman.eu.int/speeches/en/2002-09-26.htm
PUBLICATIONS
The European Ombudsman recently published the eighth liaison letter for national and regional ombudsmen and similar bodies in the EU and the applicant countries. The liaison letter is available in English, French, German, Spanish and Italian from the Ombudsman's office:
The European Ombudsman
1, avenue du Président Robert Schuman,
BP 403
67001 Strasbourg Cedex
France
Recent additions to the European Ombudsman's website include:
Speech by the European Ombudsman during the ceremony for the award of the Légion d'Honneur by Mrs Noëlle Lenoir, French Minister for European Affairs:
http://www.euro-ombudsman.eu.int/speeches/en/2002-09-03.htm
