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European Ombudsman: Annual Report 2000 01 06 QK-AA-01-001-EN-C THE EUROPEAN OMBUDSMAN ANNUAL REPORT 2000 REPORT ANNUAL ANNUAL REPORT 2000 THE EUROPEAN OMBUDSMAN Price (excluding VAT) in Luxembourg: EUR 10 ISBN 92-823-1546-0 OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES L-2985 LUXEMBOURG http://www.euro-ombudsman.eu.int 9 789282 315460 > EN EN Photographs (unless otherwise mentioned), layout and printing: Services of the European Parliament Mrs Nicole Fontaine Strasbourg, April 2001 President European Parliament rue Wiertz B - 1047 Bruxelles Madam President, In accordance with Article 195 (1) of the Treaty establishing the European Community and Article 3 (8) of the Decision of the European Parliament on the Regulations and General Conditions Governing the Performance of the Ombudsman’s Duties, I hereby present my report for the year 2000. Jacob Söderman Ombudsman of the European Union TABLE OF CONTENTS 5 1 FOREWORD 11 2 COMPLAINTS TO THE OMBUDSMAN 17 2.1 THE LEGAL BASIS OF THE OMBUDSMAN’S WORK 17 2.2 THE MANDATE OF THE EUROPEAN OMBUDSMAN 18 2.2.1 “Maladministration” 19 2.2.2 The Code of good administrative behaviour 19 2.3 ADMISSIBILITY OF COMPLAINTS 19 2.4 GROUNDS FOR INQUIRIES 21 2.5 ANALYSIS OF THE COMPLAINTS 22 2.6 ADVICE TO CONTACT OTHER AGENCIES AND TRANSFERS 22 2.7 THE OMBUDSMAN’S POWERS OF INVESTIGATION 23 2.7.1 The hearing of witnesses 23 2.7.2 Inspection of documents 24 2.7.3 Clarifying the Ombudsman’s powers of investigation 24 2.8 INQUIRIES BY THE OMBUDSMAN AND THEIR OUTCOMES 25 3 DECISIONS FOLLOWING AN INQUIRY 29 3.1 CASES WHERE NO MALADMINISTRATION WAS FOUND 29 3.1.1 The Council of the European Union 29 REFUSAL TO PROMOTE TO AN A2 POST . 29 3.1.2 The European Commission 34 ALLEGED FAILURE TO REPLY AND TO DECIDE ON A COMPLAINT FOR INFRINGEMENT OF STATE AID PROVISIONS . 34 ALLEGED NEGLECT BY THE COMMISSION OF ITS DUTY AS GUARDIAN OF THE TREATY . 39 IMPLEMENTATION OF DIRECTIVE 92/43/EEC ON HABITAT PROTECTION BY THE SPANISH AUTHORITIES . 46 BRIDGE STRENGTHENING WORKS IN ENVIRONMENTAL PROTECTION AREA . 49 ALLEGED IRREGULARITY IN COMPETITION . 56 REASONS FOR FAILING TESTS AND ACCESS TO CORRECTED EXAM PAPER . 58 ALLEGED LATE PAYMENT UNDER ESPRIT PROJECT . 60 FAILURE TO PROVIDE INFORMATION ON ‘COMITOLOGY’ AND COMMISSION ACTS . 63 THE EUROPEAN COMMISSION’S DECISION NOT TO OPEN AN INFRINGEMENT PROCEDURE AGAINST ITALY . 66 DISPUTE OVER CONTRACTS IN THE CULTURAL FIELD . 70 ALLEGED MALADMINISTRATION IN THE PUBLICATION OF A REPORT. 76 ELIMINATION OF QUESTIONS FROM PRESELECTION TESTS . 81 DIPLOMA NECESSARY FOR ADMISSION TO COMPETITION . 85 FREEDOM OF EXPRESSION OF OFFICIALS . 90 FAILURE TO ENSURE THAT ITALY COMPLIES WITH A REGULATION . 94 3.1.3 The European Parliament and the European Commission 96 LACK OF INFORMATION AND FAILURE TO REGISTER A PETITION . 96 6 ANNUAL REPORT | 2000 3.1.4 The European University Institute 99 REFUSAL OF ADMISSION BY EUROPEAN UNIVERSITY INSTITUTE . 99 3.2 CASES SETTLED BY THE INSTITUTION 104 3.2.1 The European Parliament 104 FAILURE OF INFORMATION AND DELAYS IN TENDER PROCEDURE . 104 CORRECT REIMBURSEMENT OF TRAVEL EXPENSES FOR CANDIDATE IN COMPETITION . 107 3.2.2 The Council of the European Union 108 ACCESS TO DOCUMENTS . 108 3.2.3 The European Commission 109 FULL REIMBURSEMENT OF MARGINAL COSTS IN CONTRACT . 109 LATE PAYMENT AND CALCULATION OF INTEREST ON ACCOUNT OF THE DELAY . 111 INTEREST ON LATE PAYMENT . 113 STATE AIDS: ALLEGED FAILURE OF THE COMMISSION TO HANDLE A COMPLAINT PROPERLY . 114 CONDITIONS FOR AWARDING A CONTRACT UNDER INTERREG II . 116 THE COMMISSION AGREED TO CANCEL A RECOVERY ORDER. 117 NON-ADMISSION TO PARTICIPATE IN WRITTEN EXAMS OF AN OPEN COMPETITION . 118 OUTSTANDING PAYMENTS BY THE CENTRAL LIBRARY . 119 RULES ON IMPOUNDING THE SALARY OF COMMISSION OFFICIALS . 120 LATE PAYMENT . 121 LATE PAYMENT OF AN EXPERT . 122 LATE PAYMENT OF SUBSIDY . 123 AGREEMENT FURTHER TO A WORKING CONTRACT DISPUTE . 124 3.2.4 The Council of the European Union and the European Commission 126 ANTI-DUMPING: ALLEGED EXCESSIVE DELAY AND DISCRIMINATION . 126 3.3 FRIENDLY SOLUTION ACHIEVED BY THE OMBUDSMAN 129 PAYMENT OF DELAYED INTEREST . 129 3.4 CASES CLOSED WITH A CRITICAL REMARK BY THE OMBUDSMAN 132 3.4.1 The European Parliament 132 STAFF - INCORRECT INFORMATION REGARDING A DAILY ALLOWANCE . 132 STANDARD REPLIES TO INDIVIDUAL APPEALS ADDRESSED TO THE SELECTION BOARD IN OPEN COMPETITION. 134 3.4.2 The Council of the European Union 137 SELECTION BOARD’S REASONING NOT IN COMPLIANCE WITH NOTICE OF COMPETITION. 137 3.4.3 The European Commission 140 PAYMENT UNDER A TACIS CONTRACT . 140 ENDORSEMENT OF A CONTRACT AND SUBSEQUENT REFUSAL TO FINANCE IT . 145 ALLEGED FAILURE TO REPLY AND REFUSAL TO GIVE ACCESS TO MINUTES OF AN EXPERT GROUP . 150 OPEN COMPETITION: INFORMATION TO BE SUBMITTED BY EC OFFICIALS AND OTHER SERVANTS TO PROVE THEIR STATUS . 155 INELIGIBILITY FOR A STUDENT JOB AT THE COMMISSION . 159 EXCLUSION FROM AN OPEN COMPETITION ORGANISED BY THE EUROPEAN COMMISSION . 161 FAILURE TO REPLY TO THE COMPLAINANT’S APPEAL UNDER ARTICLE 90 OF THE STAFF REGULATIONS . 165 LACK OF INFORMATION IN RELATION TO SUBSIDY GRANTED BY COMMISSION . 167 FAILURE TO DEAL WITH APPLICANT’S REQUEST . 170 TABLE OF CONTENTS 7 3.4.4 The Court of Justice of the European Communities 172 ALLEGED UNFAIR AND DISCRIMINATORY DECISION OF SELECTION BOARD CONCERNING EQUIVALENCE OF LAW DEGREES . 172 3.4.5 The European Environment Agency 175 THE HANDLING OF A TENDER PROCEDURE . 175 3.5 DRAFT RECOMMENDATIONS ACCEPTED BY THE INSTITUTION 177 3.5.1 The European Parliament 177 FAILURE OF INFORMATION BY THE EUROPEAN PARLIAMENT WITH REGARD TO OUTCOME OF DESIGN COMPETITION . 177 3.5.2 The European Commission 179 ILLEGAL EMPLOYMENT SITUATION OF EXTERNAL STAFF . 179 DISCRIMINATION IN THE GRADING OF FISHERY INSPECTORS . 185 FAILURE TO RESPECT THE PROCEDURE OF REINSTATING OFFICIAL AFTER UNPAID LEAVE ON PERSONAL GROUNDS . 188 DELAYS IN ADOPTING INTERNAL GUIDELINES ON CHILD ABUSE . 189 3.5.3 Europol 194 RULES ON PUBLIC ACCESS TO DOCUMENTS HELD BY EUROPOL . 194 FREE MOVEMENT OF WORKERS IN TUSCANY . 195 3.6 QUERIES FROM NATIONAL AND REGIONAL OMBUDSMEN 195 ADMINISTRATIVE REQUIREMENTS FOR REGISTERING IMPORTED SECOND HAND CARS IN SPAIN . 195.
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