European Ombudsman CLEER Centre for the Law of EU External Relations The Influence of International Organizations on the European Union: The EU as an Autonomous.

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European Ombudsman CLEER Centre for the Law of EU External Relations The Influence of International Organizations on the European Union: The EU as an Autonomous Legal Order? 5 November 2010 T.M.C. Asser Instituut, The Hague Dr Antonios Antoniadis Legal Officer

European Ombudsman The Principle of Autonomy of the Union legal order The Court’s perspective Ex ante control Ex post control Kadi EU Accession to the ECHR

European Ombudsman The European Ombudsman’s perspective Mandate: Article 228 TFEU A European Ombudsman…shall…receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Union institutions, bodies, offices or agencies…

European Ombudsman The European Ombudsman’s perspective The concept of maladministration ‘Maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it’ Legality Principles of good administration (European Code of Good Administrative Behaviour) Human rights (EU Charter of Fundamental Rights)

European Ombudsman Practice WTO law Complaint 582/2005/PB access to documents (EU’s second written submission in EC – Biotech panel proceedings) Does WTO dispute settlement constitute ‘court proceedings’ within the meaning of Article 4(2), second indent of Regulation 1049/2001? Court’s case law under Article 267 TFEU vs. narrow interpretation of exceptional rules Ombudsman: WTO panel proceedings are not court proceedings

European Ombudsman Practice WTO law Complaint 2560/2007/BEH CONF access to documents (clinical study reports concerning certain drugs) Article 3(2)(a) of the EMEA Rules implementing Regulation 1049/2001, which refers to the protection of "commercial interests of a natural or legal person, including intellectual property“ Article 39(3) TRIPS “Members… shall protect … [undisclosed test or other] data … against unfair commercial use” EMEA: lex specialis Ombudsman: can be reconciled: private access

European Ombudsman Practice Complaints involving ‘conflict of interest’ 1341/2008/MHZ (DG trade officials accepting tickets of Rugby world cup final) 476/2010/ANA (Pat Cox acting as a Special Adviser to Commissioner Kuneva) 775/2010/ANA (EFSA secretary of GMO Panel joining Syngenta) 1533/2010/KM (Ferrero Waldner joining Munich Re) 1682/2010/ANA (Expert Groups advising the Commission: Industry representatives acting in a personal capacity)

European Ombudsman Practice Complaints involving ‘conflict of interest’ OECD Guidelines for Managing Conflict of Interest in the Public Service Defining the concept Actual Apparent Potential Developing a policy framework

European Ombudsman Conclusions

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