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Resolution 2301 (2019)
Ombudsman institutions in Europe – The need for a set of common standards
1. The Parliamentary Assembly, referring
to its Recommendations
757 (1975) and 1615
(2003) and Resolution
1959 (2013), reaffirms that ombudsman institutions, which
are tasked with protecting individuals against maladministration
and violations of human rights and fundamental freedoms by public
administrations, have a crucial role in consolidating democracy,
the rule of law and human rights.
2. The Assembly recalls the Council of Europe’s other bodies’
work on promoting ombudsman institutions and national human rights
institutions (NHRIs), including the Committee of Ministers’ Recommendations No. R (80)
2, No. R (85) 13, No. R (97) 14, No. R (2000) 10, CM/Rec(2007)7
and CM/Rec(2018)11, Recommendations 61 (1999) and 309 (2011) and
Resolution 327 (2011) of the Congress of Local and Regional Authorities
of the Council of Europe, and the relevant recommendations made
by the Council of Europe Commissioner for Human Rights.
3. The Assembly notes that most member States of the Council
of Europe have established ombudsman institutions. States enjoy
a wide margin of appreciation with regard to the institutional arrangements
of ombudspersons and therefore there is no standardised model for
this institution. It is of great concern, however, that in many
Council of Europe member States, ombudsman institutions have in
recent years found themselves confronted with threats to their effectiveness
and independence. These threats have included legislative reforms
aimed at weakening the institution, undue delays in the appointment
of ombudspersons by parliaments, parliaments refusing to consider
or rejecting their annual or other reports, unjustified cuts in
the budget, unjustified audits or obstacles to accessing files and
information. The Assembly is also concerned that in some countries,
ombudspersons have been subject to verbal attacks by politicians,
including members of government.
4. For these reasons, there is an urgent need to establish common
norms governing the functioning of ombudsman institutions and, in
particular, ways in which their independence should be ensured.
5. Although some ombudsman institutions are also national human
rights institutions, not all NHRIs are “traditional” ombudsman institutions.
The Principles relating to the Status of National Institutions (the
Paris Principles), which were adopted by the United Nations in 1993
and set out minimum standards for the establishment and functioning
of NHRIs, are thus not applicable to all types of ombudsman institutions.
6. The Assembly recognises the important contribution made by
the European Commission for Democracy through Law (Venice Commission)
through its opinions to the establishment and development of ombudsman institutions.
It therefore welcomes the Venice Commission’s adoption, on 15 March
2019, of the Principles on the Protection and Promotion of the Ombudsman
Institution (the Venice Principles), drafted in co-operation with
major international institutions active in this field, including
the Council of Europe Commissioner for Human Rights and Steering
Committee for Human Rights (CDDH), the United Nations Office of
the High Commissioner for Human Rights and the International Ombudsman
Institute. The Venice Principles were also endorsed by the Committee
of Ministers on 2 May 2019. This is the first international set
of standards for ombudsman institutions, equivalent to the Paris
Principles for NHRIs.
7. The Venice Principles recall that independence, objectivity,
transparency, fairness and impartiality are the core principles
of ombudsman institutions, which may be achieved through a variety
of different models. They contain 25 principles relating to the
constitutional guarantee for those institutions, the choice of the institutional
model, criteria for office, election, status, immunities, term of
office, budgetary independence, competences, powers and accessibility.
8. The Assembly welcomes the fact that the Venice Principles
contain minimum standards which are aimed at protecting and promoting
the institution of ombudsman and increasing its efficiency; helping
parliaments and governments to establish and consolidate such institutions;
and recognising their role in strengthening democracy, the rule
of law and human rights. These principles may also provide guidance
to ombudsman institutions themselves, as well as to potential complainants
and representatives of civil society acting for the promotion and
protection of human rights and fundamental freedoms. This document
will also help ombudspersons in resisting undue interference in
their work.
9. The Assembly therefore endorses the Venice Principles and
calls on member States of the Council of Europe to:
9.1. ensure that the Venice Principles
and other relevant recommendations of the Council of Europe are
fully implemented in practice;
9.2. take all necessary measures to ensure the independence
of ombudsman institutions;
9.3. invite their national parliaments and relevant governmental
bodies to systematically refer to the Venice Principles when assessing
the need for and the content of legislative reform concerning ombudsman
institutions;
9.4. refrain from any action aiming at or resulting in the
suppression or undermining of ombudsman institutions and from any
attacks or threats against such institutions and their staff, and
protect them against such acts;
9.5. promote an “ombudsman-friendly climate” in particular
by guaranteeing easy and unhindered access to ombudsman institutions,
providing sufficient financial and human resources to those institutions
and allowing them to co-operate freely with their peers in other
countries and with international associations of ombudspersons.
10. The Assembly encourages all member States of the Venice Commission,
regardless of whether they are Council of Europe member States,
that have not yet done so to promptly establish a “traditional”
ombudsman institution with a broad mandate, allowing individuals
to complain about cases of maladministration and violations of their
human rights and fundamental freedoms, in line with the Venice Principles,
and to co-operate with the Venice Commission to this end.