Awareness-raising as a new tool of the European Ombudsman's activities: impact on the transparency and accountability of the EU institutions

Abstract

The aim of the study is to determine the evolution of approaches to defining the concept of «maladministration» in the practice of the European Ombudsman and to establish the role of awareness as a tool for promoting transparency and accountability of the institutions of the European Union. Particular attention is devoted to the analysis of the transition from a traditional model based on the examination of individual complaints to a more proactive activity aimed at developing and disseminating standards of good administration.

The study employs a range of general scientific and special legal methods, in particular analysis and synthesis, a systemic-structural approach, and formal-legal and comparative-legal methods. The empirical basis consists of the annual reports of the European Ombudsman, as well as doctrinal sources, which made it possible to identify the main trends in the development of the activities of this body.

Results. It was established that the concept of «maladministration», which underpins the activities of the European Ombudsman, has historically undergone an expansive interpretation and extends beyond classical procedural violations, encompassing issues of decision-making transparency, access to information, ethical standards, and openness of communication within EU institutions. It is substantiated that raising awareness or fostering sensitivity to the issue constitutes an independent instrument of «soft» influence, implemented, inter alia, through own-initiative inquiries, public statements, and the shaping of public discourse. It is demonstrated that the application of this instrument makes it possible to identify systemic governance problems at an early stage and to encourage institutions to implement changes even in the absence of legally binding decisions. It has also been found that the level of compliance with the Ombudsman’s recommendations remains uneven, indicating the limited nature of its formal influence, while at the same time confirming the significance of the reputational mechanism.

Conclusions. It is concluded that the activities of the European Ombudsman are undergoing significant evolution, transforming from a complaints-handling mechanism into an instrument for shaping standards of good administration. Raising awareness plays an important role in this process, contributing to ensuring transparency and accountability of EU institutions. The expansion of the content of maladministration indicates the adaptation of legal approaches to the new conditions of functioning of EU institutions, bodies, and agencies, in particular in the context of crises and the growing role of informal mechanisms of influence.