BENELUX | Ombuds Institutions of Luxembourg, Belgium, and the Netherlands Meet in Brussels

On 22 and 23 September, the ombuds institutions of the Benelux countries gathered in Brussels for their annual meeting to discuss key regional issues. The Benelux Union is a political and economic alliance formed by Belgium, the Netherlands, and Luxembourg—three neighboring states in Western Europe. The name "Benelux" is derived from the first few letters of each country’s name, initially used to describe the customs agreement that laid the foundation of the union in 1944. Today, the term broadly refers to the geographic, economic, and cultural collaboration between these three nations.

During the meeting, the group welcomed two new ombudsmen: Claudine Konsbruck, the Ombudsman of Luxembourg, and Nicolas Lagasse, the new Médiateur de la Wallonie et de la Fédération Wallonie-Bruxelles.

Key Topics Discussed

One of the central issues on the agenda was the concept of droit d'erreur (the right to make mistakes). This principle, a cornerstone of administrative law, allows citizens to correct errors in their dealings with public authorities without facing disproportionate penalties. The growing legal emphasis on proportionality and fairness highlights the need to ensure citizens are not unfairly punished for honest mistakes, particularly in administrative matters. Ombudsman institutions play a pivotal role in safeguarding this right, ensuring that government agencies offer reasonable opportunities for correction and providing mediation when disputes arise.

However, implementing droit d'erreur raises several questions, particularly regarding what qualifies as a "mistake" and in which cases the principle can be applied. The group discussed the possibility of a more case-by-case approach, which may provide more flexibility and fairness in practice. The ombuds institutions decided to keep the topic on their annual agenda.

Challenges of Multilevel Ombuds Systems

On the second day, the group was joined by local ombuds institutions from Belgium and the Netherlands to discuss the challenges of different administrative structures within Europe. Not every European country has a national ombudsman; for example, Italy and Germany operate regional ombuds institutions instead. These variations in structure can lead to confusion among citizens, as the roles and responsibilities of ombuds institutions may differ by level—national, regional, or local. This calls for enhanced cooperation between institutions to ensure effective service to the public and to address the differing expertise required in handling complaints across various levels.

Addressing Cross-Border Challenges

A part of the discussions focused on cross-border issues affecting citizens in the Benelux region. The ease of movement within the EU and the Benelux has led to complex situations, such as citizens working in one country while living in another, or Dutch children attending schools in Belgium. While these cross-border activities have been facilitated by the EU and the Benelux structure, they often create challenges related to social security arrangements and pension systems, for instance.

Citizens facing such issues frequently turn to ombuds institutions for assistance. These cross-border concerns are not unique to the Benelux but are common throughout the European Union, highlighting the need for ombuds institutions across member states to collaborate and address these challenges. In the coming years, the ombuds institutions of the Benelux aim to continue exploring these issues and seek solutions together, with the hope of easing the bureaucratic complexities citizens face when living and working across borders.

Source: Office of the National Ombudsman of the Netherlands