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The concept and typology of the ombudsman institutions

Aviani Damir ; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska

Puni tekst: hrvatski pdf 1.972 Kb

str. 67-94

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Appearance of an Ombudsman opens a new chapter in relations between ones who rule and those who bave been ruled by them, i.e. between public officiais and the public itself. Ombudsman appears in a double role. He represents an instrument of protection o f human rights, as well as a unique mechanism of democratie control over the public administration. Ombudsman is an institution, as a rule established by the constitution or the law, which is headed by one or more independent and highly ranked public officiais responsible to theparliament or the government, who receives citizens complaints against illegal respective unproper proceedings of the bodies of public administration or the officiais employed in those bodies, but might also act on its own initiative, and who is empowered to investigate, criticize publicly, recommends needed measures, and publish its reports, but has no authority to amili, cease or change the administrative
decisions. Ombudsman is distinguished from other bodies for protection of human and civil rights by its position within the system of governmental institutions, by its role and tasks atributed to it, as well as by its manner o f proceedings and its competences. The Swedish model of parliamentary Ombudsman has been gradually adapted to the needs of various environments, so that the institution mights befound in countries of entirely different cultural, politicai and legal tradition, respective in the states with different legal and political systems. Regarding the circumstance that the established model regulärly has smaller or greaterparticularities in relation to the accepted model, there normally appear different kinds of Ombudsman. Thus could be distinguished, depending from the accepted criterium of classification, the parliamentary from the executive, the national from the local and international one, the individual from the collective one, and the general from the specialized Ombudsman, whilst there is naturally apossibility of additional differentiation.

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