The recent
informalization turn in European Union (EU) readmission policy has raised
concerns about effective control of the EU executive in the external dimension
of migration and asylum policy. Taking separation of powers as a starting
point, this article examines the role of the European Ombudsman, a
quasi-judicial body and part of the ‘fourth branch’ of EU institutional
architecture, in overseeing the informalization and transparency of EU
readmission policy. The analysis is based on a strategic litigation case study
in which access to documents requests were first submitted to the Council of
the EU concerning informal readmission arrangements and the case was then
brought before the Ombudsman. The Ombudsman accepted the non-disclosure of
documents and held that the broader practice of informal readmission
arrangements falls outside her mandate. The article argues that perceiving the
choice of instrument as falling completely within executive discretion displays
deference towards the executive. While the Ombudsman’s mandate would arguably
allow her to actively oversee informalization readmission policy, she seemed
reluctant to take this role. The Ombudsman’s conduct thus amplifies the lack of
effective checks and balances on executive action that increasingly
characterizes EU readmission policy and the external dimension of migration and
asylum policy more in general.