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This deliverable analyses the impact of the European Ombudsman in the European Union's democratic life through his power to investigate cases of maladministration committed by European institutions. Accordingly, this deliverable is structured as follows. The first part is devoted to explore the creation of the European Ombudsman, the rationale behind his establishment, and the development of this 'personalised' body. The report then moves to an assessment of the European Ombudsman's investigative powers, coupled with a specific focus on the relations with his national peers. This section then proceeds by highlighting quantitative data on the complaints lodged to the European Ombudsman since his creation. The second part verifies whether the European Ombudsman constitutes a case of democratic empowerment. Indeed, an assessment of the European Ombudsman's body of decisions shows that he is more and more acting not only as a 'watchdog' of European institutions but even of European agencies. The third part provides a quantitative and qualitative analysis of the personal, geographical origin and subject matter of complaints complemented by the targets of inquiries. In particular, citizens of some States are more active than other in submitting a complaint, the Commission is still the most targeted institution, while the major allegation of maladministration pertains to access to documents and lack of transparency. The fourth part investigates possible barriers that European citizens might encounter in lodging a complaint to the European Ombudsman. In this respect, considering the lack of locus standi before the European Ombudsman and the fact that the proceedings is free of charge and can be conducted in the language chosen by the applicant, we argue that there are no barriers to be overcome. The fifth part, through an assessment of the few cases decided by the European Court of Justice and considering the specific relationship the European Ombudsman has with the Parliament, seeks to position him with the so-called ...

AbstractThe EU institutions and agencies have become increasingly involved in enforcing EU law directly vis-à-vis private actors. A number of such EU entities have also acquired the so-called emergency powers, which allow interference with the legal position of a private party. Given the lack of research in this area, the question that this article addresses is whether relevant safeguards have been introduced to ensure the rule of law in such situations to prevent the abuse of executive discretion by public authorities. What are the relevant safeguards in the emergency in the EU in the first place? Having analysed relevant EU legislation and case law, the article offers a complete overview of all the existing EU entities with the emergency powers and shows a great diversity in the extent to which the EU legislator has regulated procedural safeguards in relevant law. The article discusses what safeguards need to be ensured in an emergency and argues for clarity of legislative frameworks in this respect.