The role of the Ombudsman was defined by the Ombudsman Act (564/2001). The National Assembly shall nominate a candidate for this post for a term of five years and a maximum of two consecutive terms. The Ombudsman shall submit at least one annual report to the National Council. In the event of a serious breach of fundamental rights or of a large number of data subjects, the Ombudsman may publish a special or special report at any time. This happened three times between 2013 and 2017, but due to the “opposition history” of the second youngest ombudsman, Judge Jana Dubovcová, her concerns were ignored by the majority of the Assembly, many members of parliament were absent from their speeches and public institutions were allowed to ignore the report, therefore, no action has been taken to correct the situation. The youngest mediator, lawyer and university professor, Mária Patakyová, was elected in March 2017. A prototype ombudsman may have flourished in China during the Qin Dynasty (221 BC) and later in Korea during the Joseon Dynasty. [4] The position of Secret Royal Inspector or Amhaeng-eosa (암행어사, 暗行御史) was unique to the Joseon Dynasty, where an undercover official directly appointed by the king was sent to local provinces to monitor government officials and care for the population while traveling incognito. The Roman tribune of the people had similar roles, with the power to veto actions that violated the plebeians. Another precursor of the Ombudsman was the Diwān al-Maẓālim (دِيوَانُ الْمَظَالِمِ), which seems to date back to the second caliph Umar (634-644), and the concept of Qaḍī al-Quḍāt (قَاضِي الْقُضَاةِ). [5] They have also been observed in Siam, India, during the Liao Dynasty (Kitan Empire), Japan and China. [6] Veřejný ochránce práv (Czech: Veřejný ochránce práv) of the Czech Republic is more often referred to simply as a mediator. The office was founded in 1999.
It has the traditional role of the Ombudsman to mediate between complainants and officials of public bodies, but does not have direct resources or enforcement mechanisms. If the competent body does not remedy the situation, the Ombudsman may refer the matter to the Government. After the death of the first Czech Ombudsman, Otakar Motejl, in May 2010, former constitutional judge Pavel Varvařovský was elected to the post by the lower house of parliament in September 2010. [60] [61] Following her resignation in December 2013, Anna Šabatová, Vice-Ombudsman from 2001 to 2007, was elected and sworn in in February 2014. The office was modelled on the Chancellor of Justice (Swedish: Judicial Chancellors) and on the principle of the separation of powers. The Chancellor of Justice was appointed deputy to King Charles XII of Sweden in 1714 to act as a representative of the royal government. Today, he acts as an ombudsman, mainly to verify that the Swedish authorities comply with the laws on behalf of the government, but also to process compensation claims from people suffering prison sentences but who were later acquitted, or other damages caused by the authorities. [148] [149] The post of Ombudsman of the Althing (Icelandic: Umboðsmaður Alþingis) was established in 1987 in accordance with the provisions of Law No. 13/1987 dealing with complaints against the government. The Ombudsman`s powers were extended to local government levels by Act No. 85/1997 of 1997. The Ombudsman is appointed by Parliament (Althing or Alþingi) for a term of four years.
The Ombudsman aims to protect citizens` rights vis-à-vis the State and local authorities and to promote equality and good administration. [75] The National Ombudsman of Spain is the Defensor del Pueblo (Ombudsman), which handles complaints of maladministration and has the power to bring cases before the Constitutional Court. The Office is of paramount importance in international networks of ombudsmen and national human rights institutions, in particular through the Ibero-American Federation of Ombudsmen (IBO). After 1989, at the end of the communist era, several parliamentary commissioners (Hungarian: Országgyűlési biztos) or ombudsman posts were created: the office of ombudsman or commissioner for human rights in Ukraine was established in 1998. The first mediator was nina Karpachova until 2012.Valeriya Lutkovska was elected to the Ukrainian parliament on 24th April 2012 by secret ballot for a five-year term. [165] According to Article 55 of the 1996 Constitution, “everyone has the right to appeal to the Commissioner for Human Rights of the Ukrainian Parliament to request the protection of his or her rights.” Article 101 states: “The Commissioner for Human Rights of the Ukrainian Parliament exercises parliamentary control over respect for the constitutional rights and freedoms of individuals and citizens.” [166] The legal basis of the Office, which is also the National Human Rights Institution of Ukraine, is defined in Law 767/97, which designates the Office as the “Plenipotentiary Commissioner for Human Rights” of the Parliament. [167] Lyudmyla Denisova was elected to this position by the Ukrainian Parliament on March 15, 2018. Russia`s 83 administrative regions have the right to elect a local ombudsman whose powers are limited to that region. Less than half did. [125] The Ombudsman for Children (Swedish: Barnombudsmannen) was established in 1993 to deal with issues relating to the rights and interests of children and young people.
[151] Since 2007, the Latvian Ombudsman has been a personalized institution, literally called the Defender of Rights (Latvian: Tiesībsargs). The current Ombudsman since 2011 is Juris Jansons. [96] Previously, similar functions were performed by the National Human Rights Office (Latvian: Valsts cilvēktiesību birojs, 1995-2006). [97] The Director General of the Swedish Consumer Agency is the Designated Consumer Commissioner (Swedish: Konsumentombudsmannen). [152] In the science fiction television series Babylon 5, the arbitrators aboard the Babylon 5 space station who handle matters arising from public complaints are called ombudsmen (these are both singular and plural designations), the non-sexist title for an ombudsman. Like their modern European counterparts, ombudsmen only deal with public affairs, including robberies, assaults and murders, and do not interpret the law as an ordinary judicial system. The great advantage of an ombudsman is that he examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-regulation. However, the mediation system is highly dependent on the selection of a suitable person for the office and the cooperation of at least one effective official of the state apparatus. The institution has also been criticized: “Mediators are relics of absolutism that serve to iron out the worst excesses of administrative arbitrariness while preserving power structures.” [10] Opus the Penguin was an ombudsman in Bloom County until he was fired. .