“Query procedures” in the European Union: a challenge or a guarantee to the European rule of law?

Abstract

The existence of independent Ombudsmen has been highlighted by several EU reports as paramount for guaranteeing the Rule of Law. That is applicable to Member-States but also to the EU itself, where the European Ombudsman works not only as the guarantor of the citizens’ rights to “good administration”, but also of their fundamental rights. To develop these principles throughout all EU Member-States, a mechanism of dialogue between the national and the European Ombudsmen was developed. One of the most important features of this mechanism is the “query procedure”, whereby the national institution may pose a question to the EU Ombudsman on interpretation and application of the EU Law. If this procedure’s goal is to be applauded – the achievement of the uniform application of the EU Law – its development in practice raises several doubts and concerns, that may represent, on their turn, real challenges to the rule of law within the European Union.