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Resolution 1959 (2013) Final version
Strengthening the institution of ombudsman in Europe
1. The Parliamentary Assembly, referring
to its Recommendations 757
(1975) on the conclusions of the meeting of the Assembly's
Legal Affairs Committee with the Ombudsmen and Parliamentary Commissioners in
Council of Europe member states and 1615 (2003) on the institution of
Ombudsman, reaffirms that ombudsman institutions, which have the
responsibility of protecting citizens against maladministration,
play a crucial role in consolidating democracy, the rule of law
and human rights.
2. The Assembly notes that there is no standardised model for
the ombudsman institution in Europe and across the world. Some countries
have set up an institution consisting of a single-member generalist ombudsman,
while others have chosen a multi-institutional system, including
regional and/or local ombudsmen and/or ombudsmen specialised in
areas such as combating discrimination, the protection of minorities
or children’s rights. Taking into account the variety of legal systems
and traditions, it would not be appropriate to advocate a single
model for the institution of ombudsman.
3. The Assembly nevertheless recalls the Council of Europe’s
previous work on promoting ombudsman institutions, including its
own recommendations and the Committee of Ministers Recommendations Nos. R (80) 2,
R (85) 13 and R (97) 14, and calls on its member States to implement
them. It also invites them to pay particular attention to the document
of the European Commission for Democracy through Law (Venice Commission)
“Compilation on the ombudsman institution” of 1 December 2011.
4. The Assembly calls on the member States of the Council of
Europe which have set up ombudsman institutions to:
4.1. ensure that such institutions
fulfil the criteria stemming from its Recommendation 1615, the Committee
of Ministers’ relevant recommendations and the Venice Commission’s
work on the ombudsman, in particular as regards:
4.1.1. the
independence and impartiality of these institutions, whose existence
shall be enshrined in law and, if possible, in the constitution;
4.1.2. the appointment procedure: the ombudsman shall be appointed
by parliament and report to it;
4.1.3. their remit, which should cover reviewing cases of maladministration
by all bodies of the executive branch, as well as the protection
of human rights and fundamental freedoms;
4.1.4. their access to documents and investigative powers, as
well as unrestricted access to all detention facilities;
4.1.5. their access to the Constitutional Court in order to challenge
the constitutionality of flawed legislation;
4.1.6. direct access to the ombudsman for all persons, including
legal persons, concerned by maladministration cases, irrespective
of their nationality;
4.2. review, if need be, their legislation, in light of international
and European standards on ombudsman institutions;
4.3. refrain from multiplying ombudsman-type institutions,
if it is not strictly necessary for the protection of human rights
and fundamental freedoms; a proliferation of such bodies could confuse individuals’
understanding of the means of redress available to them;
4.4. strengthen the ombudsman institutions’ visibility, especially
in the media, and promote an “ombudsman-friendly” climate, in particular
by guaranteeing easy and unhindered access to the ombudsman institution(s)
and providing appropriate information/documentation in this respect, especially
where the ombudsman institution does not yet have a long-standing
tradition; provide ombudsman institutions with sufficient financial
and human resources, enabling them to effectively carry out their
tasks, and, if need be, taking into account the new functions assigned
to them on the basis of international and/or European law;
4.5. consider seeking ombudspersons’ accreditation at the International
Coordinating Committee of National Institutions for the Promotion
and Protection of Human Rights (ICC) in light of the Paris Principles.
5. The Assembly calls on member States which have established
several ombudsman institutions, such as local, regional and/or specialised
ones, to ensure appropriate co-ordination of these bodies and individuals’ easy
and unimpeded access to them.
6. The Assembly calls on member States to make all efforts to
avoid budget cuts resulting in the loss of independence of ombudsman
institutions or even their disappearance altogether. Particularly
in those States with parliaments legislating on rights and freedoms
not only at national but also at regional level, there is a definite
role for bodies supervising the application of the law by public
administrations, as the institution of ombudsman does by definition.
7. The Assembly encourages member States which have not yet set
up a national generalist ombudsman to promptly establish such a
body with a broad mandate, allowing individuals to complain about maladministration
cases and violations of their human rights and fundamental freedoms,
while ensuring a clear division of competences between ombudsman
institutions and judicial review of administrative acts, which must
be available at least in case of violations of human rights and
fundamental freedoms.
8. The Assembly recognises the crucial role played by the European
Ombudsman of the European Union and the Council of Europe Commissioner
for Human Rights in co-ordinating the activities of member States’ ombudsmen.