Doc. 9253
8 October 2001

Ombudsman institution

Motion for a resolution

presented by Mr Marty and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Parliamentary Assembly believes that the ratification of the European Convention on Human Rights by all the Council of Europe’s member states represents major progress in the protection of fundamental individuals’ rights throughout Europe by affording them an avenue of appeal to the European Court of Human Rights.

2.       It wishes to point out, however, that recourse to the Court was intended to be, and should remain, subsidiary in nature, that is to say that it should come into play only after national remedies have failed.

3.       This implies that the rights safeguarded by the Convention must first of all be fully protected by domestic law and respected by the national authorities.

4.       The Assembly believes that at national level, too, in man cases recourse to the courts can be avoided where there is an institution responsible for mediating between citizens public authorities.

5.       Most Council of Europe member states have created an institution which goes by various names, such as Ombudsman or Mediator. This institution’s mode of operation also varies from one country to another, some having a national, and others a regional Ombusdsman, while still others have both, the choice having little to do with the centralised or federal structure of the state. Several countries have set up specific Ombudsmen in particular fields.

6.       But it is not enough that the institution should exist; it must also have the means to function.

7.       According to the information gathered by the Committee on Legal Affairs and Human Rights, Ombudsmen sometimes encounter difficulties that rob them of all efficiency: either the resources allocated to them are insufficient or even being cut, or they do not have access to the information they need, or their recommendations are ignored.

8.       The Assembly accordingly recommends that member states which have not yet done so enact legislation, if possible with constitutional status, creating the institution of Ombudsman or Mediator.

9.       It further recommends that the office and mode of operation of the Ombudsman or Mediator should comply with the following principles:

-       appointment by Parliament according to a procedure ensuring transparency,

-       guarantee of complete independence,

-       allocation of sufficient resources in terms of funding, manpower and premises,

-       guaranteed access to the information necessary to the function,

-       presentation to Parliament and publication of an annual report,

-       fullest possible implementation of decisions or recommendations.

Signed : ¹

Marty, Switzerland, LDR

Gustafsson, Sweden, EPP/CD

Lippelt, Germany, LDR

Škrabalo, Croatia, LDR

Clerfayt, Belgium, LDR

Arabadjiev, Bulgaria, SOC

Holovaty, Ukraine, LDR

Demetriou, Cyprus, EPP/CD

Wohlwend, Liechtenstein, EPP/CD

Kresák, Slovakia, LDR

Tabajdi, Hungary, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group