Conference paper
https://doi.org/10.31141/zrpfs.2026.63.159.93
External Control of the Administration: The Example of the Defender of Rights
Richard Senghor
; Conseiller d'État
Abstract
This contribution is devoted to the Defender of Rights (Défenseur des droits), an independent
administrative authority enshrined in the French Constitution since 2008, which exercises a nonjurisdictional,
external control over the administration. Starting from the idea that citizens’ trust
in their institutions does not rest on courts alone but also calls for flexible, accessible and rapid
mechanisms, the author traces the genesis of the institution - created by the organic law of 2011
through the merger of the Ombudsman of the Republic (Médiateur de la République) and several
specialised authorities - as well as its status, marked by a constitutional anchoring rare in Europe
(Article 71-1), a single six-year term and a dense territorial network of volunteer delegates. The five
missions are then presented: defending the rights of users vis-à-vis the administration, combating
discrimination and promoting equality, defending children’s rights, overseeing the deontology
of the security forces, and protecting whistleblowers. The author finally analyses the Defender’s
powers and modes of action: quasi-jurisdictional investigative powers, the amicable settlement of
complaints through mediation and recommendation, and a power of influence devoid of binding
force but endowed with real political and media weight. In conclusion, he underlines the institution’s
specific contribution - accessibility, proximity, and the prevention and pedagogy of rights - while
pointing to its risks: growing overload, blurring of roles and a competitive institutional environment.
In some fifteen years, the Defender of Rights has thus established itself as a new actor of the rule
of law.
Keywords
Defender of Rights; external control of the administration; independent administrative authority; mediation; combating discrimination
Hrčak ID:
347925
URI
Publication date:
31.3.2026.
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