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The Community ombudsman's paradox : a comparative analysis
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Florence : European University Institute, 1996
EUI; LAW; PhD Thesis
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GONZALEZ VAZQUEZ, Maria, The Community ombudsman’s paradox : a comparative analysis, Florence : European University Institute, 1996, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/4645
Abstract
The term Ombudsman " refers to a special office or officer to whom people can go with their grievances about the way their business with large anonymous bureaucracies has been handled Historically, the office originated in Sweden in the form of a parliamentary Ombudsman, and for a long time serious doubts were expressed as to whether it would be suitable for countries outside Scandinavia. However, with the spread of the idea of the Ombudsman worldwide these doubts have been proved to be unfounded. In effect, over the last four decades Ombudsmen have already been successfully introduced at both local and national level, in countries with very different legal and political systems. What is more, it has also been transposed into very disparate structures, albeit with a different function from its original one, such as hospitals, universities and international organisations, thus giving proof of its enormous flexibility. This research deals with the transposition of the Ombudsman idea at the Community level. The most recent step towards this transposition was taken in Art. 138e of the Treaty on European Union, which provides for the appointment of the office by the European Parliament According to its first paragraph, the function of the new officer is " ... [to] conduct inquiries for which he finds grounds, either on his own initiative or on the basis of complaints " that he receives M... from any citizen of the Union or any natural or legal person residing or having his registered office in a Member State ". The same paragraph provides further that the Ombudsman’s jurisdiction covers " instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role ", This rather long article continues by laying down some rules for the appointment of the institution and the conditions for the removal from its post The necessary independence for the Ombudsman in the discharge of his duties is set up in the third paragraph. Finally, Art I38e assigns the European Parliament the job of developing the foregoing instructions by laying down "... the regulations and general conditions governing the performance of the Ombudsman’s duties".
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Defence date: 18 March 1996
Examining board: Prof. Renaud Dehousse, European University Institute (supervisor) ; Prof. Luis María Díez-Picazo, European University Institute ; Prof. Alvaro Gil-Robles y Gil-Delgado, Universidad Complutense de Madrid ; Prof. Carol Harlow, London School of Economics ; Prof. Giuseppe de Vergottini, Università di Bologna
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Examining board: Prof. Renaud Dehousse, European University Institute (supervisor) ; Prof. Luis María Díez-Picazo, European University Institute ; Prof. Alvaro Gil-Robles y Gil-Delgado, Universidad Complutense de Madrid ; Prof. Carol Harlow, London School of Economics ; Prof. Giuseppe de Vergottini, Università di Bologna
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017