An empirical study into the norms of good administration as operated by the European Ombudsman in the field of tenders

Abstract

This Working Paper presents the results of the empirical research which I have conducted into the norms of good administration that are operated by the European Ombudsman in the field of tenders. The aim of the research was to discover whether the European Ombudsman is actively involved in creating norms of good administration in individual decisions, and in the end to make an inventory of the norms of good administration that have been operated by the Ombudsman to decide complaints about maladministration in this policy field. This empirical research is based upon a normative vision on the European Ombudsman as a developer of norms of good administration. The European Ombudsman has his own task and responsibility in respect of the review of administrative behaviour which is different from the task and responsibility of the Court. Administrative bodies do not only have to act lawfully, but also properly, i.e. in accordance with the principle of good administration. In my view the European Ombudsman has his own responsibility in autonomously developing the standard of good administration (and developing "Ombudsnorms") and to review administrative behaviour for compliance with that ethical standard.