Freedom of Information in the EU in the midst of Legal Rules, Jurisprudence and Ombudsprudence: the European Ombudsman as Developer of Norms of Good Administration

Abstract

European Ombudsman – Free access to information in the EU – Regulation No 1049/2001– Standard of assessment used by European Ombudsman – Legal norms versus norms of good administration and whether good administration can be understood outside legality – European Code of Good Administrative Behaviour and the rather ambiguous concept of maladministration – European Ombudsman as developer of norms of good administration in the area of free access to information – A rather limited role as developer of norms of good administration for the European Ombudsman in individual decisions – Role in ‘translating’ the case law into somewhat more accessible jargon and explaining how existing principles and norms of good governance apply to the circumstances of a specific case – Own inquiries as a policy instrument for advising EU institutions and agencies on how to deal with certain aspects pertaining to access to documents and transparency – Interesting interplay between European Ombudsman and the courts