The External Projection of EU's Agencies: An Emphasis on the Ombudsman's Role

Abstract

The ‘agencification’ of EU law is a long discussed process encompassing, on the one hand, the far-reaching regulatory powers that agencies enjoy, and on the other, their external and internal accountability. Indeed, if EU agencies are based on secondary legislation, it remains to be seen whether the agencies’ democratic accountability is acknowledged by those individuals dealing with them. The European Ombudsman (EO) is the sole body entrusted to oversee the accountability of European institutions and bodies. Indeed, not only has the EO played an active role in shaping a code of good administrative behaviour, but has also been more and more involved in disputes between individuals and agencies. Against this background, this paper will be structured as follows. Firstly, in order to understand whether the EO can foster agencies’ accountability, the paper will depict the role of the EO vis-a-vis European agencies, through an analysis of the EO’s decisions. Secondly, it will posit that in light of the wide locus standi before the EO, anybody can potentially lodge a complaint – including international actors, multinational companies, or even agencies located in other States. Thirdly, and in conclusion, the paper will argue that the external dimension of EU agencies benefits from the internal control of accountability performed by the EO.