According to the European Ombudsman, P. Nikiforos Diamandouros, the European Commission needs to ensure that the computerised "Early Warning System" (EWS), an internal mechanism, which identifies persons deemed to pose a threat to the financial interests of the European Union, respects fundamental rights, such as the right to be heard.

The Commission must introduce adequate checks and balances so as to ensure that the Early Warning System (EWS) complies with the Charter of Fundamental Rights of the European Union which is now legally binding on all EU institutions, according to the European Ombudsman opinion. The Early Warning System (EWS) is an internal mechanism which identifies persons deemed to pose a threat to the financial interests of the European Union. This is not the first time the Ombudsman investigates the EWS. In November 2008, he already asked to the Commission to clarify it.

Among the concerns raised by the complainers was the fact that individuals and companies are not systematically informed that they have been listed in the EWS. It is also unclear how to lodge an appeal against such a listing. According to the Ombudsman, affected persons or companies should be informed of their right to complain to the Ombudsman or to seek judicial redress.

In particular, the Ombudsman’s analysis concluded that the scope of certain EWS warnings is not clearly defined. P. Nikiforos Diamandouros, the European Ombudsman also called on the Commission to guarantee the right to be heard before any decisions to include persons or companies in the EWS are taken. He added that the right of access to the file should be respected. The European Ombudsman asked the Commission to send a detailed opinion by 31 March 2012.