Between parliamentary control and the rule of law: the political role of the Ombudsman in the European Union¹

Abstract

The European Ombudsman is a new kind of "agent', whose status and role remain unclear. On the one hand, it is formally a parliamentary body, designed to strengthen the control of EU institutions and administrations by MEPs; on the other hand, the profile and role of this organ is close to that of a court. This article argues that the hybrid nature of this organ is the reason for its success. The powers of the Ombudsman, limited as they are, give him the opportunity to combine the instruments of parliamentary scrutiny and judicial control in an original way. As such it is well equipped to scrutinize those agents which cannot be submitted to classic parliamentary controls without losing their independence, and thereby helps to reconcile executive delegation with parliamentary democracy.