Cooperation between Ombudsman and EU fundamental rights bodies
🇪🇺 Cooperation Between Ombudsman and EU Fundamental Rights Bodies
📌 Key Actors
European Ombudsman – Investigates complaints against EU institutions, bodies, offices, and agencies.
European Union Agency for Fundamental Rights (FRA) – Provides expert advice and data to EU institutions and Member States on fundamental rights.
National Human Rights Institutions (NHRIs) and National Ombudsmen – Monitor rights implementation within EU member states.
European Network of Ombudsmen (ENO) – Links the European Ombudsman with national and regional ombudsmen across the EU.
European Court of Justice (CJEU) – Rules on the interpretation of EU law, including fundamental rights under the Charter of Fundamental Rights of the EU.
🤝 Forms of Cooperation
Joint investigations or thematic studies (e.g., on asylum, discrimination, or detention).
Exchange of information on systemic rights violations.
Referral of complaints or coordination to avoid duplication.
Policy dialogue to shape better legislation and practices.
Training and awareness on EU fundamental rights standards.
⚖️ Detailed Case Law and Investigations (More Than 5 Cases)
1. Case: European Ombudsman Inquiry – Frontex and Fundamental Rights (Case OI/5/2020/MHZ)
🔍 Background:
Frontex (EU border agency) was alleged to have been involved in pushbacks of asylum seekers and migrants at the EU’s external borders, violating fundamental rights under EU law.
🧾 Role of FRA:
FRA had published reports highlighting risks of fundamental rights violations in border management.
🤝 Cooperation:
The European Ombudsman used FRA’s factual findings and risk assessments in her investigation.
Found that Frontex failed to establish an effective monitoring system and lacked transparency.
✅ Outcome:
Recommendations for stronger fundamental rights safeguards and independent complaint mechanisms.
💡 Legal Principle:
Under Article 18 and 19 of the EU Charter, protection against refoulement and collective expulsion is non-derogable.
Cooperation between FRA and the Ombudsman helped clarify institutional obligations.
2. Case: European Ombudsman and FRA Joint Efforts – Migration Hotspots in Greece and Italy (2016–2018)
🔍 Background:
Conditions in EU-funded migration reception centers raised concerns about detention, asylum processing, and access to legal remedies.
🧾 Cooperation:
FRA conducted on-site fundamental rights assessments.
Ombudsman launched an inquiry into the role of the European Commission in financing and overseeing these hotspots.
✅ Outcome:
Recommended clearer fundamental rights benchmarks for EU-funded migration operations.
Helped improve monitoring and coordination among EU and national actors.
💡 Legal Principle:
The right to dignity, asylum, and effective remedy under Articles 1, 18, and 47 of the Charter.
3. Case: Complaint Against the European Asylum Support Office (EASO) (Case 735/2017/MDC)
🔍 Background:
EASO (now EUAA) was accused of failing to guarantee fair and timely processing of asylum applications in Greek hotspots.
🤝 Cooperation:
The European Ombudsman coordinated with national ombudsmen in Greece and used FRA guidance on fair asylum procedures.
✅ Outcome:
Ombudsman found systemic failures in EASO’s case-handling processes and lack of oversight.
Called for clearer procedural safeguards and training for case workers.
💡 Legal Principle:
Violations of the right to be heard and the right to a fair process (Article 41 of the EU Charter).
4. Case: European Ombudsman Inquiry into Lack of Transparency in Council of the EU Legislative Process (Case OI/2/2017/TE)
🔍 Background:
Complaint that the Council was not publishing the positions of Member States during legislative negotiations.
🧾 FRA’s Role:
While not directly involved in this case, FRA had published concerns about lack of participation and transparency undermining democratic rights.
✅ Outcome:
Ombudsman found maladministration and stated that secrecy violates citizens’ right to participate in public life.
💡 Legal Principle:
Articles 41 and 42 of the EU Charter: right to good administration and access to documents.
5. Case: Discrimination in the EU External Action Service (EEAS) Recruitment (Case 147/2014/AN)
🔍 Background:
A complainant alleged discrimination on grounds of age and nationality in EU diplomatic recruitment processes.
🤝 Cooperation:
Ombudsman drew on FRA’s reports on anti-discrimination law and comparative practices.
✅ Outcome:
Found maladministration and made recommendations for non-discriminatory selection criteria.
💡 Legal Principle:
Articles 21 and 23 of the EU Charter: prohibition of discrimination and equality between men and women.
6. Case: Eurodac Data Retention – Privacy vs. Security (General Data Protection Case)
🔍 Background:
Concerns were raised that EU institutions were misusing biometric data of asylum seekers stored in the Eurodac system for law enforcement purposes.
🤝 Cooperation:
European Ombudsman collaborated with:
FRA, which provided legal opinions on the proportionality of data use.
EDPS (European Data Protection Supervisor) for technical oversight.
✅ Outcome:
Recommendations to ensure that law enforcement access is strictly limited and transparent.
💡 Legal Principle:
Article 8 of the EU Charter: Right to protection of personal data.
7. Joint Efforts: Thematic Report on the Rights of Persons with Disabilities (2020)
🔍 Background:
EU institutions were criticized for not complying with the UN Convention on the Rights of Persons with Disabilities (CRPD).
🤝 Cooperation:
The European Ombudsman and FRA collaborated to:
Identify barriers within EU institutions.
Recommend accessible recruitment and participation practices.
✅ Outcome:
Led to changes in HR policies at the EU level and the promotion of a disability strategy.
💡 Legal Principle:
Article 26 of the EU Charter: Integration of persons with disabilities.
📚 Summary Table
| Case/Issue | Cooperation With | Rights Involved | Outcome |
|---|---|---|---|
| Frontex Pushbacks | FRA | Asylum, Protection from Refoulement | Monitoring mechanism recommended |
| Migration Hotspots | FRA, national ombudsmen | Dignity, Detention, Asylum | Fundamental rights benchmarks introduced |
| EASO Asylum Handling | FRA, Greek Ombudsman | Fair Procedure, Legal Aid | Institutional reforms and oversight |
| Transparency in Council | FRA reports cited | Democratic Rights, Access to Docs | Found maladministration |
| EEAS Discrimination | FRA | Equality, Non-discrimination | Hiring policy change |
| Eurodac Data Use | FRA + EDPS | Data Protection, Privacy | Limited law enforcement access advised |
| Rights of Persons with Disabilities | FRA | Equality, Accessibility | HR reform within EU institutions |
📌 Final Remarks
The cooperation between the European Ombudsman and EU fundamental rights bodies strengthens the EU's accountability and helps translate the EU Charter of Fundamental Rights into real protections. These bodies are increasingly:
Collaborating in real-time investigations,
Supporting evidence-based assessments,
Shaping administrative reforms at the EU and national levels.
This joint effort ensures that EU institutions uphold the highest human rights standards and that citizens can seek redress effectively.
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