Introductory text

THE EUROPEAN PARLIAMENT,

Having regard to the Treaty establishing the European Community, and in particular Article 195(4) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 107d(4) thereof,

Having regard to the draft decision approved by the European Parliament on 22 April 2008^f1 and to the resolution adopted and the amendments approved on 18 June 2008^f2,

Having regard to the opinion of the Commission,

With the approval of the Council^f3,

Whereas:

The Charter of Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of citizens of the Union.

Citizens' confidence in the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration is fundamental to the success of the Ombudsman's action.

It is desirable to adapt the Statute of the Ombudsman in order to eliminate any possible uncertainty concerning the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration.

It is desirable to adapt the Statute of the Ombudsman in order to allow for any possible evolution of the legal provisions or of case law concerning the intervention of bodies, offices and agencies of the European Union in cases before the Court of Justice.

It is desirable to adapt the Statute of the Ombudsman to take account of the changes that have occurred in recent years as regards the role of EU institutions and bodies in combating fraud against the financial interests of the European Union, notably the creation of the European Anti-Fraud Office (OLAF), so as to allow the Ombudsman to notify those institutions or bodies of any information falling within their remit.

It is desirable to take steps so as to allow the Ombudsman to develop his or her cooperation with similar institutions at national and international level, as well as with national or international institutions, even where they cover a wider range of activities than the European Ombudsman — such as the protection of human rights — since such cooperation may make a positive contribution towards enhancing the efficiency of the Ombudsman's action.

The Treaty establishing the European Coal and Steel Community expired in 2002,

HAS DECIDED AS FOLLOWS: