Speech - Speaker Teresa Anjinho - City Strasbourg - Country France - Date Thursday | 27 March 2025

Dear colleagues, participants, excellences, 

Let me start by thanking the Council of Europe and the Luxembourgish Presidency for the opportunity to share my perspective as European Ombudsman on this important issue. 

We often speak of the rule of law as a fundamental value of the European Union. And rightly so. It is the foundation that upholds democracy, fundamental rights, and good governance. It ensures that power is exercised fairly, within clear and transparent rules. It is what allows citizens to trust their governments, legal systems, and public administrations. 

But as we know, the rule of law doesn’t uphold itself. It requires constant vigilance. And that is exactly where institutions like Ombudsman Offices come in.

The very creation of these Offices has been fundamentally tied to the establishment, consolidation and promotion of democracy and the rule of law - designed to oversee the exercise of official power by public authorities while also protecting human rights.

(take the example of Spain or Portugal, where the Ombudsman institution was established shortly after the restoration of democratic rule - it is a post-revolutionary and pre-constitutional institution).

More specifically, ombudsmen serve both as an independent check on the power exercised by governments and public administrations and as vehicles through which individual citizens can have legal protection when dealing with public authorities.

The judiciary is the primary institution for holding governments accountable, but - as we all know, particularly in these very challenging times of rapid technological changes, political shifts and growing citizens demands - the judiciary alone cannot bridge all the gaps.

And this is where the Ombudsman plays a crucial - and complementary - role. By supervising government actions and protecting human rights, Ombudsman institutions help reinforce the rule of law, ensuring that power is exercised fairly, transparently, and in line with fundamental rights.

As for the European Ombudsman, my work is to prevent and address maladministration, promote good governance, and, ultimately, help strengthen the rule of law across the EU.  In short, not having judicial powers like the Court of Justice of the European Union (CJEU), my role is to ensure that EU institutions, agencies, and bodies act transparently, fairly, and accountably.

Most of these discussions on the rule of law focus on developments within individual countries, but allow me to say that it is equally important to examine the role of the EU and its institutions in upholding the rule of law. 

The EU institutions - as you all know - play a central role in ensuring that Member States respect the rule of law. And for that, they have a wide range of tools—whether through dialogue, infringement proceedings, withholding EU funds, or, in extreme cases, suspending a country’s voting rights. 

An immense responsibility. And that is why I have no doubts in saying that if the EU is to be a credible defender of the rule of law, both within its Member States and globally, it is paramount to set the gold standard in its own practices. It must hold itself to the same—or indeed higher—standards than it expects from national governments.

EU institutions cannot effectively promote transparency, accountability, and fairness if they do not fully embody these principles themselves. 

So, how do we ensure this in practice? 

The Ombudsman acts as a safeguard against violations of European Union Law, fundamental rights and good administration, meaning, for example, unfair practices, abuse of power, lack of transparency, and unnecessary delays. Citizens, businesses, and organisations bring complaints to my office when they feel that EU institutions have treated them unlawfully and/or unfairly. 

Our work is critical. Because, while courts enforce the law, as I already mentioned, they cannot always cover every issue that affects citizens in their interactions with the EU institutions.

As you all know, the uniqueness of our institutions relies exactly in their informal nature - in the case of the EO, I risk saying that it is the most accessible body in the EU institutional framework - and in the ability to go beyond the law, transcending legal formalities to restore fairness, integrity, and trust. 

Let me give you a good example: our work on access to legislative documents. Last year, we investigated how the Council of the EU and the European Commission handle requests for public documents. We found that these institutions failed to give full effect to abundant and clear case law regarding the particularly high standard of transparency of legislative documents. We therefore urged both institutions to change their approach: to proactively disclose legislative documents and only refuse access in exceptional cases.

In a Union based on the rule of law, transparency must be the rule—not the exception. Because without transparency, there is no real accountability. And without accountability, trust in institutions starts to break down. 

Speaking of transparency, another big part of my work is pushing EU institutions to be more open about how they make decisions—especially when those decisions impact citizens' rights.

A recent case concerned the European Commission’s failure to finalise a ‘sustainability impact assessment’ (SIA) before concluding EU-Mercosur trade negotiations, despite its own clear internal guidelines on this matter. Our analysis demonstrated that SIAs were an important tool for ensuring that EU trade negotiations are evidence-based, and respect human rights and economic, social, and environmental standards. Therefore, we found that the Commission’s failure to ensure that the SIA was finalised in good time, notably before the end of the trade negotiations, constituted maladministration.

At its core, the rule of law is about protecting individuals—especially those with less power—from unfair or unjust treatment by those in authority. And that is why the EO is also vital in ensuring that EU institutions respect citizens’ fundamental rights: from whistleblower protection, to hiring and recruitment practices, or examining how EU funds are used in order to prevent money from being spent in ways that violate fundamental rights. 

Two short examples.

We recently made recommendations to the European Commission on how to better monitor EU funds used for border management—to ensure they are not being misused in ways that violate migrants’ rights. We suggested clear guidelines and independent oversight mechanisms to prevent abuses. 

We have also looked into how EU funding is used for people with disabilities. Under the UN Convention on the Rights of Persons with Disabilities, the EU and its Member States must work towards deinstitutionalisation. In response, we urged the Commission to strengthen its monitoring and guidance, to ensure that EU money truly supports inclusion. This case, in fact, highlighted the importance of cooperation between members of the ENO, with whom we discussed the level of compliance and enforcement in the Member States.

These are just a few examples, but they all point to a simple truth: respect for fundamental rights is not just about having rules on paper—it’s about making sure they are enforced in practice. 

The EU rightfully expects its Member States to uphold the rule of law, and it has powerful tools at its disposal when they fail to do so. To be taken seriously in this role, the EU itself must lead by example. Practice what it preaches. If it demands transparency, it must be transparent. If it expects fairness, it must be fair. If it calls for accountability, it must hold itself accountable. Only then can it truly inspire trust—both within Europe and beyond.

And I conclude: upholding the rule of law is a shared responsibility. 

It is not the job of just one institution—not just courts, national governments, and certainly not just my office. It is a continuous effort that requires the commitment of us all —from the judiciary to EU institutions, from civil society to independent oversight bodies like the Ombudsman. 

By working together — by insisting on transparency, fairness, and accountability—we can protect and strengthen the rule of law. And in doing so, we ensure that the European Union remains what it is meant to be: a Union of justice, democracy, and fundamental rights. 

Thank you.