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At our General Assembly (GA) on 5 May we had an interesting dialogue with Emily O’Reilly, the European Ombudsman (EO), whose mandate is to investigate maladministration in the EU institutions and bodies. Her activities and efforts focus on promoting respect for rights afforded by EU law and improving the quality of administration. We exchanged views on four themes that are relevant for our members: transparency of the negotiations of the Transatlantic Trade and Investment Partnership (TTIP); the rights of persons with disabilities; the respect of fundamental rights in cohesion policy; and the rights of migrants. Here is a short review of the Ombudsman’s interventions and some of our members’ responses:

Transparency of negotiations of the Transatlantic Trade and Investment Partnership (TTIP)

She informed us that 20-30% of the cases she deals with concern lack of transparency and access to EU documents. A famous recent case addressed the transparency of  TTIP negotiations. Last year she opened an own-initiative inquiry into this issue and called on the European Commission and European Council to publish more TTIP documents and details of meetings with stakeholders. She has been one of the strongest voices among the EU institutions, together with Members of the European Parliament, advocating for more transparency. No doubt this has brought some improvements, including the publication of the EU negotiating directives and more position papers, fact-sheets, and legal texts. She announced that the analysis of the Commission’s responses to her recommendations would be published soon. Conny Reuter, Secretary-General of SOLIDAR, remarked that the real problem beyond lack of transparency by the Commission is the difficulties civil society organisations encounter in involving themselves in the negotiations.

Rights of persons with disabilities

The Ombudsman explained that as part of the EU framework under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the Ombudsman carries out the role of protecting, promoting and monitoring the implementation of the UNCRPD at EU level. She gives effect to the UNCRPD internally by ensuring accessibility of publications, the website and recruitment. She investigates failures by EU institutions to respect the UNCRPD, for example failure to ensure reasonable accommodation in selection procedures. Aurélie Baranger from Autism Europe pointed out that persons with intellectual disabilities are not employed by EU institutions.

Respect of fundamental rights in cohesion policy

Last year the Ombudsman opened a own-initiative inquiry into how the European Commission ensures that the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union are complied with when EU cohesion policy is implemented by member states. One investigation concerned the investment of EU funds in the renovation of institutional care structures for persons with disabilities. Sabrina Ferraina from the European Association of Service Providers for Persons with Disabilities (EASPD) asked what next steps she is planning. In EASPD’s view, the shift from institutional- to community-based care will only be successful if funding supports investment into both infrastructure and human capital in the social sector. She asked if the Ombudsman is going to consider calling on the relevant authorities to set up a system to monitor when the European Social Fund and/or the European Regional and Development Fund are used in this area.

The Ombudsman argued that the fact that the Commission is not directly responsible for managing the funds should never be used as a reason for not taking action if fundamental rights have been, or risk being, violated. It is also important that civil society is involved in the use of funds and also in the monitoring system. She announced that eight guidelines for improvements to support the Commission while supervising the member states in this area would be published soon (the recommendations have since been published).

Rights of migrants

The final theme we discussed with the Ombudsman was the protection of migrants’ rights. The Ombudsman has made proposals to the EU agency Frontex on how to better ensure respect for the fundamental rights of migrants who are subject to forced returns from the EU to their countries of origin. Frontex coordinates and finances joint return operations by air (JROs) in cooperation with member states. She anticipated that the EO would issue recommendations calling on the agency to ensure that families with children and pregnant women are seated separately from other returnees. Frontex should also promote common rules on the use of restraint, publish more information on JROs, including monitors’ reports, and require member states to improve complaints procedures. The Ombudsman continues to be unhappy with the refusal of Frontex to establish its own complaints mechanism.

The Ombudsman concluded that non-governmental organisations’ advocacy activities are vital for improving the way in which EU institutions work, and stressed that she is very keen on working with us.