IDEAS home Printed from https://ideas.repec.org/a/cog/poango/v5y2017i3p40-50.html
   My bibliography  Save this article

Transparency Watchdog: Guarding the Law and Independent from Politics? The Relationship between the European Ombudsman and the European Parliament

Author

Listed:
  • Christine Neuhold

    (Department of Political Science, Faculty of Arts and Social Sciences, Maastricht University, The Netherlands)

  • Andreea Năstase

    (Department of Political Science, Faculty of Arts and Social Sciences, Maastricht University, The Netherlands)

Abstract

This article investigates whether the European Ombudsman acts as an ‘independent’ institution vis-à-vis the European Parliament (EP). This is a relevant question because while the Ombudsman is appointed by and reports to the EP, it can also conduct inquiries into the work of the EP, in instances of alleged maladministration. Based on the empirical examination of all decisions following an inquiry by the Ombudsman in cases against the EP for an eleven-year period (2004–2015), plus the review of two recent landmark own-initiative inquiries, we inductively construct three roles played by the Ombudsman in relation to the EP, namely: ‘arbitrator’, ‘transparency watchdog’, and ‘vessel for civil society concerns’. These roles are used to operationalize the concept of independence. We conclude that the Ombudsman acts independently and is not a mere auxiliary organ of the European legislature. This is most apparent in the ‘transparency watchdog’ role, where the European Ombudsman has ensured the release of information empowering citizens to hold the Parliament accountable, or—failing that—has stimulated debate concerning such information (for instance, on the MEPs’ financial allowances) both within the Parliament itself and in the wider public domain.

Suggested Citation

  • Christine Neuhold & Andreea Năstase, 2017. "Transparency Watchdog: Guarding the Law and Independent from Politics? The Relationship between the European Ombudsman and the European Parliament," Politics and Governance, Cogitatio Press, vol. 5(3), pages 40-50.
  • Handle: RePEc:cog:poango:v:5:y:2017:i:3:p:40-50
    as

    Download full text from publisher

    File URL: https://www.cogitatiopress.com/politicsandgovernance/article/view/958
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Giandomenico Majone, 2001. "Two Logics of Delegation," European Union Politics, , vol. 2(1), pages 103-122, February.
    2. Petia Kostadinova, 2015. "Improving the Transparency and Accountability of EU Institutions: The Impact of the Office of the European Ombudsman," Journal of Common Market Studies, Wiley Blackwell, vol. 53(5), pages 1077-1093, September.
    3. Vigjilenca Abazi & Johan Adriaensen, 2017. "Allies in Transparency? Parliamentary, Judicial and Administrative Interplays in the EU’s International Negotiations," Politics and Governance, Cogitatio Press, vol. 5(3), pages 75-86.
    4. Päivi Leino, 2017. "Secrecy, Efficiency, Transparency in EU Negotiations: Conflicting Paradigms?," Politics and Governance, Cogitatio Press, vol. 5(3), pages 6-15.
    5. Niels Gheyle & Ferdi De Ville, 2017. "How Much Is Enough? Explaining the Continuous Transparency Conflict in TTIP," Politics and Governance, Cogitatio Press, vol. 5(3), pages 16-28.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Vigjilenca Abazi & Johan Adriaensen, 2017. "Allies in Transparency? Parliamentary, Judicial and Administrative Interplays in the EU’s International Negotiations," Politics and Governance, Cogitatio Press, vol. 5(3), pages 75-86.
    2. Niels Gheyle & Ferdi De Ville, 2017. "How Much Is Enough? Explaining the Continuous Transparency Conflict in TTIP," Politics and Governance, Cogitatio Press, vol. 5(3), pages 16-28.
    3. Vigjilenca Abazi & Johan Adriaensen, 2017. "EU Institutional Politics of Secrecy and Transparency in Foreign Affairs," Politics and Governance, Cogitatio Press, vol. 5(3), pages 1-5.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Vigjilenca Abazi & Johan Adriaensen, 2017. "EU Institutional Politics of Secrecy and Transparency in Foreign Affairs," Politics and Governance, Cogitatio Press, vol. 5(3), pages 1-5.
    2. Guri Rosén & Anne Elizabeth Stie, 2017. "Not Worth the Net Worth? The Democratic Dilemmas of Privileged Access to Information," Politics and Governance, Cogitatio Press, vol. 5(3), pages 51-61.
    3. Daniel Naurin, 2017. "The Puzzle of Transparency Reforms in the Council of the EU," Politics and Governance, Cogitatio Press, vol. 5(3), pages 87-90.
    4. Evelyn Coremans, 2017. "From Access to Documents to Consumption of Information: The European Commission Transparency Policy for the TTIP Negotiations," Politics and Governance, Cogitatio Press, vol. 5(3), pages 29-39.
    5. Vigjilenca Abazi & Johan Adriaensen, 2017. "Allies in Transparency? Parliamentary, Judicial and Administrative Interplays in the EU’s International Negotiations," Politics and Governance, Cogitatio Press, vol. 5(3), pages 75-86.
    6. Päivi Leino, 2017. "Secrecy, Efficiency, Transparency in EU Negotiations: Conflicting Paradigms?," Politics and Governance, Cogitatio Press, vol. 5(3), pages 6-15.
    7. Maarten Hillebrandt, 2017. "Transparency as a Platform for Institutional Politics: The Case of the Council of the European Union," Politics and Governance, Cogitatio Press, vol. 5(3), pages 62-74.
    8. Thomas Doleys, 2009. "Incomplete Contracting, Commission Discretion and the Origins of EU Merger Control," Journal of Common Market Studies, Wiley Blackwell, vol. 47, pages 483-506, June.
    9. Bartle, Ian & Vass, Peter, 2007. "Independent economic regulation: A reassessment of its role in sustainable development," Utilities Policy, Elsevier, vol. 15(4), pages 261-269, December.
    10. Seikel, Daniel, 2011. "Wie die Europäische Kommission Liberalisierung durchsetzt: Der Konflikt um das öffentlich-rechtliche Bankenwesen in Deutschland," MPIfG Discussion Paper 11/16, Max Planck Institute for the Study of Societies.
    11. Eckert, Sandra, 2020. "EU agencies in banking and energy between institutional and policy centralisation," SAFE Working Paper Series 278, Leibniz Institute for Financial Research SAFE.
    12. Christine Hackenesch & Julian Bergmann & Jan Orbie, 2021. "Development Policy under Fire? The Politicization of European External Relations," Journal of Common Market Studies, Wiley Blackwell, vol. 59(1), pages 3-19, January.
    13. Sjef Ederveen & George Gelauff & Jacques Pelkmans, 2008. "Assessing Subsidiarity," Springer Books, in: George Gelauff & Isabel Grilo & Arjan Lejour (ed.), Subsidiarity and Economic Reform in Europe, chapter 2, pages 19-40, Springer.
    14. Nazli Aziz, 2005. "Power delegation and the European Central Bank's democratic deficit," Asia Europe Journal, Springer, vol. 3(4), pages 537-550, December.
    15. Sarel, Roee & Demirtas, Melanie, 2021. "Delegation in a multi-tier court system: Are remands in the U.S. federal courts driven by moral hazard?," European Journal of Political Economy, Elsevier, vol. 68(C).
    16. Trym N. Fjørtoft, 2022. "More power, more control: The legitimizing role of expertise in Frontex after the refugee crisis," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 557-571, April.
    17. Clément Fontan & David Howarth, 2021. "The European Central Bank and the German Constitutional Court: Police Patrols and Fire Alarms," Politics and Governance, Cogitatio Press, vol. 9(2), pages 241-251.
    18. Giuseppe Zaccaria, 2022. "You’re Fired! International Courts, Re‐contracting, and the WTO Appellate Body during the Trump Presidency," Global Policy, London School of Economics and Political Science, vol. 13(3), pages 322-333, June.
    19. Yaning Zhang, 2022. "Limits of Law in the Multilevel System: Explaining the European Commission's Toleration of Noncompliance Concerning Pharmaceutical Parallel Trade," Journal of Common Market Studies, Wiley Blackwell, vol. 60(4), pages 1001-1018, July.
    20. Paul Schure & Amy Verdun, 2008. "Legislative Bargaining in the European Union," European Union Politics, , vol. 9(4), pages 459-486, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cog:poango:v:5:y:2017:i:3:p:40-50. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: António Vieira (email available below). General contact details of provider: https://www.cogitatiopress.com/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.