Disputes Between Individuals and the EU Institutions: the Ombudsman

The position of European Ombudsman was created by the 1992 Treaty on the European
Union. The Ombudsman acts as an intermediary between the citizen and the EU authorities.
In April 2003 Mr Nikiforos Diamandouros was appointed Ombudsman. The Ombudsman is
entitled to receive and investigate complaints from EU citizens, businesses and institutions,
and from anyone residing or having their legal domicile in a Member States. The Ombudsman
is elected by the European Parliament for a renewable term of five years. He helps to uncover
‘maladministration’ in the European institutions and other EU bodies. ‘Maladministration’
means poor or failed administration. Examples are abuse of power, discrimination,
unnecessary delay etc. The Ombudsman carries out investigations on his own initiative or
following a complaint. A complaint can be made by using the electronic complaint form that
is available on the website of the European Ombudsman.170 If the Ombudsman discovers a
case of maladministration, he informs the institution concerned and makes draft recommendations. The institution concerned has three months to give its detailed opinion on
the matter. The Ombudsman then submits a report to the European Parliament and to the
institution concerned. He also lets the complainant know the outcome of the investigations.
Every year, the Ombudsman gives the European Parliament a report on all his investigations.

3.3. Disputes Between Individuals and the Commission in the Area
of Competition Law: Enforcement

In the field of competition law, the Commission has important powers in problem-solving,
having been conferred upon strong powers of enforcement of competition provisions.
Following the reform of 2003 which introduced a more decentralised regime, the Commission
still is charged with the duty of ensuring that Articles 100 (cartels) and 102 (dominant position)
of the TFEU are implemented.172 Hence, the Commission has been granted both
investigative and inspection powers. The Commission has broad investigative powers such as
the power to request information, the power to take statements and the power to carry out certain inspections. Where the Commission, acting on a complaint or on its own initiative,
finds that there is an infringement of Article 100 or of Article 101 of the Treaty, it may by
decision require the undertakings and associations of undertakings concerned to bring such
infringement to an end. For this purpose, it may impose on them any behavioural or
structural remedies, which are proportionate to the infringement committed and necessary to
bring the infringement effectively to an end. Natural or legal persons who can show a
legitimate interest and Member States are entitled to file a complaint. An elaborate
Commission Notice is available on the details of filing such a complaint. In a decision the
Commission can finally impose sanctions, such as fines and periodic penalty payments.176

Date: 2015-01-02; view: 934