By Martin Banks - 30th January 2012
The commission must introduce adequate checks and balances
Nikiforos Diamandouros
European ombudsman Nikiforos Diamandouros has called on the commission to ensure that it's computerised "early warning system" (EWS), which identifies people deemed to pose a threat to the financial interests of the EU, respects fundamental rights.
The call follows an inquiry by the Greek-born ombudsman in the EWS.
In his conclusions, Diamandouros said, "The EWS is clearly an important tool in helping to protect EU funds.
"However, the commission must introduce adequate checks and balances so as to ensure that the EWS complies with the charter of fundamental rights of the EU which is now legally binding on all EU institutions."
The ombudsman launched an investigation last year after he received several complaints about the EWS, which may block or suspend contracts or payments to 'listed' persons or companies.
Among the concerns raised was the fact that individuals and companies are not systematically informed that they have been listed in the EWS.
It is also unclear how to lodge an appeal against such a listing.
The Strasbourg-based official's analysis concluded that the scope of certain EWS warnings is "not clearly defined".
This should be corrected, he said.
He also called on the commission to guarantee the right to be heard before any decisions to include persons or companies in the EWS are taken.
The right of access to the file should be respected, he said.
Diamandouros has asked the commission to send a detailed opinion on his findings by the end of this March.
Meanwhile, the ombudsman, who investigates alleged cases of maladministration in the EU, has settled a dispute between the commission and the NGO, Migration Policy Group (MPG), concerning an EU project launched as part of the "European migration dialogue".
After an audit, the commission issued a recovery order for more than €130,000 because of alleged delays in submitting supporting documents for staff costs.
The commission eventually accepted what is called a 'friendly solution' proposal from the ombudsman and refunded €70,000 to the NGO.
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