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Publishers Abstract:
It may seem altogether unlikely that the Ombudsman would ever have to suffer a lawsuit, because the powers of the Ombudsman are not of such a nature that legal action of any kind against the Ombudsman would become necessary. The issues in the present case, European Ombudsman v. Frank Lamberts, are relevant for the principle of the rule of law, such as access to courts, existence of relevant legal remedies and realisation of human rights. In the present case, the element of the principle of the rule of law was in doubt, but the European Court of Justice clarified the situation through its interpretation, not unexpectedly in favour of the principle of the rule of law. The Ombudsman is completely independent as regards inter-institutional matters, but the Community is not completely immune to legal action from parties that may feel themselves injured by the activities of the Ombudsman.
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