Preliminary communication
Critical Assessment of the Functioning of the Slovenian Ombudsman
Jernej Letnar Černič
Abstract
The article evaluates the competences and previous work of the ombudsman in the Slovenian legal system. Effective protection of human rights and fundamental freedoms is one of the key values of a mature democratic society. How can a society function effectively if it is not able to protect such fundamental values? The institution of the Ombudsman is satisfactorily regulated in the Slovenian legal system as it has relatively broad competences. The question remains whether
the Slovenian constitutional order and the Ombudsman are able to ensure effective substantive and procedural protection of human rights and fundamental freedoms. Slovenian authorities are obliged to ensure effective, non-selective, independent, and impartial functioning of the Ombudsman. This obligation arises from both constitutional and international sources and such are ultimately the requirements of human dignity. The Ombudsman thus performs an important
role, but only if he/she operates independently and is not biased. Firstly, the article examines the constitutional position of the Ombudsman and his/her legal powers. Secondly, it highlights and analyses some examples of misunderstanding of the protection of human rights in his previous work. Thirdly, it offers a vision and model of the ideal functioning of the Ombudsman and argues for
the establishment of an impartial and independent national institution for the protection of human rights. In conclusion, the article argues that human rights and fundamental freedoms are generally well protected in the Slovenian constitutional order, but they should be better implemented in practice.
Keywords
ombudsman; human rights; Slovenian constitution; national human rights institution; horizontal protection of human rights
Hrčak ID:
134711
URI
Publication date:
3.12.2014.
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