Consultation Paper on Alternative Dispute Resolution - Law Reform ...

competent body, or giving advice on where to turn for a prompt and effective
solution to the problem. The main e-mail account of the Ombudsman was used
to reply to a total of 7,273 e-mails requesting information in 2007. Of these,
3,127 were mass mailings submitted by citizens and concerned complaints
already received by the European Ombudsman, while 4,146 constituted
individual requests for information. In total, therefore, the European
Ombudsman handled 10,484 complaints and information requests from citizens
in 2007. 109
2.109 The main types of maladministration alleged were lack of
transparency, including refusal of information (28% of cases), unfairness or
abuse of power (18%), unsatisfactory procedures (13%), avoidable delay (9%),
discrimination (8%), negligence (8%), legal error (4%), and failure to ensure
fulfilment of obligations, that is, failure by the European Commission to carry out
its role as "guardian of the EC Treaty‖ (3%). 110
European Ombudsman Case Study 111
The Ombudsman received a complaint alleging that the European
Commission had wrongly failed to take action against Ireland for possible
infringement of the EC Habitats Directive. The complainant also complained
about the Commission's decision not to take further action on arguments
relating to possible infringement of the Waste Directive. The Ombudsman
found that the Commission had provided a reasonable explanation of its
strategic role in relation to the implementation of these Directives. He also
noted that the Commission had given the complainant relevant useful advice
in this case.
2.110 As can be seen from the case study above, it is important to note that
the Ombudsman process can lead to a decision in favour of the party about
whom a complaint is made.
J Judicial ADR Processes.
2.111 Judicial ADR processes are dispute resolution processes which often
occur after litigation has been initiated and during the lead up to the
commencement of a trial and are aimed at reaching a settlement on some or all
issues. These processes may involve the assistance of a judge of the Court or a
Court official in overseeing the process.
109 The European Ombudsman Annual Report 2007 (European Communities, 2008)
at 2. Available at www.ombudsman.europa.eu.
110 Ibid. at 9.
111 Ibid.
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