August 2008

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Extension of European Ombudsman's powers

The European Parliament has adopted Decision 2008/587/EC extending the powers of the European Ombudsman. Decision 2008/587/EC thus amends Decision 94/262, which sets out the conditions governing the performance of his duties.

One of the major changes that Decision 2008/587 makes is to remove the possibility that European institutions and bodies had to refuse to disclose documents to the Ombudsman on grounds of secrecy. The institutions must even disclose secret documents sent to them by the member States (provided that the latter consent). That, of course, has ominous implications given the sort of information that now transits the institutions in the field of police and security coƶperation. It would seem that secret or confidential documents received from non member States are completely unprotected from his gaze and his right to make public. That is even more ominous.

Let's hope the next appointee to the position is vetted carefully.

Another interesting extension of the Ombudsman powers concerns his newly granted right to coƶperate with bodies entrusted with the protection of fundamental rights.

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Comments

I am gald that first he's a national judge. We have too much former government lawyers, law professors, etc. and not enough judges appointed to the ECJ/CFI/TPC, second his main expertise is criminal law, which is very much needed in EU courts (especially from a common law perspective).

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