Race for the Next European Ombudsman

As Emily O’Reilly of Ireland prepares to step down from her role as the European Ombudsman, the competition to fill her shoes is heating up. The candidates vying for this influential position include two Italians, a Portuguese, an Estonian, a Dutchman, and an Austro-German. They will face a challenging selection process as they seek the backing of Members of the European Parliament (MEPs) through a series of secret ballots scheduled for December.

The candidates must navigate a long-standing debate regarding the precise responsibilities of the Ombudsman, a role primarily tasked with investigating maladministration within EU institutions. O’Reilly’s tenure has seen her address a wide array of issues, from personnel matters to the safeguarding of fundamental rights. She has not hesitated to tackle high-profile cases, such as advocating for increased transparency regarding European Commission President Ursula von der Leyen’s involvement in COVID vaccine contracts.

In 2018, O’Reilly uncovered four instances of maladministration related to the appointment of Martin Selmayr as Commission Secretary General, leading to significant calls from MEPs for his resignation from this powerful position. Yet, her focus has extended beyond the political arena. “We never lost sight of individual, very human problems,” she reflected during a September event marking her departure. “Earlier this year, and in possibly my favourite case, we managed to get a parliament pass for the baby of a breastfeeding contract interpreter,” she proudly noted.

It is this practical, human-centered approach that some of her potential successors aim to replicate. Teresa Anjinho, who previously served as Portugal’s justice minister and currently holds the position of deputy ombudsman, explained her evolution from academia to practice. “When I was an academic, I was very much focused on ideas and the importance of concepts,” she shared with Euronews. “Then you realize what we all know: that concepts without practice are empty… sometimes policies do not have the intended effect.”

Credibility and Reputation

O’Reilly, a former journalist and author who became the EU Ombudsman in 2013, has faced criticism for occasionally straying beyond the expected parameters of her role. During her re-election campaign in 2019, some opponents highlighted her broader approach, including Estonian Supreme Court Judge Julia Laffranque, who is also in the running this year. Laffranque articulated her stance in a 2019 article, asserting, “Law is at the foundation of the Ombudsman’s work,” and suggesting that O’Reilly’s approach had compromised the office’s credibility and standing.

She emphasized the need for Ombudsmen to operate within a framework that effectively withstands scrutiny from both substantive and procedural perspectives. “Ombudsmen must be able to exercise their mandate in a way that robustly resists criticism,” Laffranque added, enhancing the likelihood that EU institutions will heed formal recommendations.

In contrast, Anjinho argues for a broader view of the Ombudsman’s role. “One of the things that makes an ombudsman office so unique is the ability to focus on fairness… It’s absolutely different from a purely legalistic view,” she stated. “Not everything in the law is fair, and not everything that is fair is in the law.”

Looking Beyond the Law

However, Laffranque is not the only candidate advocating for a more defined mandate. Marino Fardelli, the ombudsman for Lazio, Italy, and a former regional councillor, expressed his intention to work within the existing legal framework while championing necessary reforms through appropriate channels. “The office should focus on resolving complaints and ensuring transparency while being open to exploring areas where the mandate might need to be updated to address contemporary challenges,” Fardelli remarked in a written interview with Euronews.

To be nominated, candidates must secure the support of at least 39 out of the 720 MEPs. So far, six candidates have achieved this milestone, including Dutch National Ombudsman Reinier van Zutphen, Claudia Mahler, an independent expert on the rights of older people at the United Nations, and Emilio de Capitani, a former staff member of the European Parliament’s civil liberties committee who has taken multiple court cases to demand greater transparency in EU legislative processes.

Currently, the support for each candidate is largely rooted in their home member states, presenting the challenge of expanding their appeal beyond those borders. “The challenge for the candidates is to construct a narrative that doesn’t alienate a potential majority,” O’Reilly noted at the September gathering. She recounted her own experience while seeking votes in 2013, which involved navigating the complex dynamics of political groups, including those aligned with Brexit mastermind Nigel Farage. Her campaign strategy advised her to garner support without provoking backlash from other factions.

This may serve as a cautionary tale for Laffranque, who currently boasts support from several far-right political factions, including France’s National Rally and Germany’s AfD. Meanwhile, de Capitani’s backing predominantly comes from leftist, green, and socialist groups, while Fardelli’s supporters are largely drawn from the right-wing Conservatives and Reformists group, associated with Italian Prime Minister Giorgia Meloni.

“It is just logic that candidates are looking for support from their fellow citizens,” Fardelli asserted, hopeful that his track record and commitment to integrity would resonate across the political spectrum. “I am not a candidate of one group or another. I am an Italian candidate. And I believe that it is time for the south of Europe to have more responsibility at the European level,” he added.

At present, it remains uncertain who is the frontrunner in this competition. Many MEPs are preoccupied with a demanding November schedule of hearings to confirm the 27 members of the European Commission, leaving little room for deliberations on the Ombudsman role, which is viewed as less urgent. As multiple candidates prepare to converge in Strasbourg next week to advocate for their candidacies, they are aware that the road ahead is long and fraught with challenges.