Legislative safeguards for the independence and adequate mandate of the ombudsman institution
Expert review of laws to determine if the legislative framework for the ombudsman institution meets international standards. Principles and requirements regarding the status and powers of the ombudsman institution have been derived from the following documents:
• principles relating to the Status of National Institutions (The Paris Principles), adopted by the UN General Assembly resolution No. 48/134 of 20 December 1993;
• by-laws of International Ombudsman Institute adopted on 13 November 2013;
• resolution No. 1959 (2013) of the Parliamentary Assembly of the Council of Europe on strengthening the institution of Ombudsman in Europe.
Legal analysis is supplemented with a review of parliamentary documents with regard to co-operation between the parliament and the ombudsman institution. The parliament is considered to support the ombudsman’s activities if, as a minimum, it has called on relevant government bodies to implement the ombudsman’s recommendations with more than one written statement in the latest full calendar year and the year prior to that, and it has allowed the ombudsman to present its annual report in plenary in the latest full calendar year or the year prior to that.
For each of the following ten criteria, 1 point is awarded (total of 10 points).
Criteria fulfilled: 8/10
Yes
No
No data available / not assessed
| The independence and impartiality of the ombudsman institution is enshrined in law (1 point) | |
| The ombudsman is appointed by the parliament and the parliament provides support to ombudsman’s activities (1 point) | |
| Any natural or legal person (including non-citizens) may seek protection of his/her rights from the ombudsman institution (1 point) | |
| All state administration bodies and private bodies performing public functions are subject to scrutiny of the ombudsman (1 point) | |
| The ombudsman institution manages its budget, staff and premises independently of the executive (1 point) | |
| The mandate of the ombudsman institution includes both protection and promotion of human rights (1 point) | |
| The ombudsman institution may initiate investigation both ex officio and upon request of the affected person (1 point) | |
| The ombudsman institution enjoys effective investigative powers, including access to documents collected by public authorities and unrestricted access to all detention facilities (1 point) | |
| The ombudsman institution may challenge the constitutionality of laws before the relevant constitutional court (1 point) | |
| Public authorities are required to respond to the ombudsman’s requests and recommendations within statutory deadlines (1 point) |