European Ombudsman-Institutions
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1 European Ombudsman-Institutions A comparative legal analysis regarding the multifaceted realisation of an idea von Gabriele Kucsko-Stadlmayer 1. Auflage European Ombudsman-Institutions Kucsko-Stadlmayer schnell und portofrei erhältlich bei beck-shop.de DIE FACHBUCHHANDLUNG Springer Verlag Wien 2008 Verlag C.H. Beck im Internet: ISBN
2 Table of Contents Preface... List of Abbreviations... V XIII Part One: The Legal Structures of Ombudsman-Institutions in Europe Legal Comparative Analysis (Gabriele Kucsko-Stadlmayer) Chapter 1: Introduction The Significance of the Ombudsman Concept Research Project Scope of the Object of Investigation... 3 a. Geographical Scope... 4 b. Contextual Classification Name of the Institution Legal Basis... 7 a. Constitutional Embodiment... 7 b. Simple Act of Parliament... 7 c. International Scope... 8 Chapter 2: Organisation Independence Close Relation to Parliament Requirements for Qualification Number of Incumbents, Deputies Appointment Removal from Office Term of Office Incompatibility Immunity Remuneration Budget of the Institution Staff Regional and Municipal Institutions a. Regional and Municipal Ombudsmen b. Regional and Local Branch Offices c. Regional Consultation Days Chapter 3: Initiation of Proceedings Complaints a. Legitimisation of Complaints b. Requirements for Complaints Proceedings ex Officio... 21
3 VIII Table of Contents Chapter 4: Object of Control Administration Non-state Legal Entities Exceptions from the Control Judiciary a. General Information b. Extensive Control of the Judiciary c. Partial Control of the Judiciary d. Power to Intervene in Court Administration of Justice Public Prosecution Services Legislation Chapter 5: Standard of Control Preface Legal Rules Good Administration, Équité or Billigkeit a. Good Administration b. Équité or Billigkeit Human Rights a. Human Rights as Part of the Legal Order b. Human Rights as Part of Good Administration 37 c. Human Rights as Explicit Standards of Control 37 Chapter 6: Powers Preface Quintessential Powers a. Investigation b. Recommendation c. Reporting d. Parliamentary Bills Specific Powers a. General Remarks b. Right to File an Application before the Constitutional Court c. Right to Intervention before Other Courts d. Powers in Administrative Proceedings e. Criminal and Disciplinary Prosecution of Incumbents f. Additional Powers in the Field of Human Rights 56 g. Summary Chapter 7: Classification by Models The Problem: Heterogeneity of the Institutions The Classical and the Hybrid Ombudsman Classification Based on the Type of Powers a. Basic Model or Classical Model b. Rule of Law Model c. Human Rights Model... 64
4 Table of Contents IX Chapter 8: Summary and Outlook Part Two: The Different Jurisdictions 1. Albania (Joachim Stern) Andorra (Joachim Stern) Armenia (Brigitte Kofler) Austria (Brigitte Kofler) Azerbaijan (Brigitte Kofler) Belgium (Joachim Stern) Bosnia and Herzegovina (Brigitte Kofler) Bulgaria (Joachim Stern) Croatia (Brigitte Kofler) Cyprus (Brigitte Kofler) Czech Republic (Joachim Stern) Denmark (Joachim Stern) Estonia (Joachim Stern) European Union (Brigitte Kofler) Finland (Joachim Stern) France (Joachim Stern) Georgia (Brigitte Kofler) Germany (Brigitte Kofler) Greece (Brigitte Kofler) Hungary (Joachim Stern) Iceland (Joachim Stern) Ireland (Brigitte Kofler) Israel (Brigitte Kofler) Italy (Brigitte Kofler) Kazakhstan (Joachim Stern) Kyrgyzstan (Brigitte Kofler) Latvia (Joachim Stern) Liechtenstein (Brigitte Kofler) Lithuania (Joachim Stern) Luxembourg (Joachim Stern) FYR Macedonia (Brigitte Kofler) Malta (Brigitte Kofler) Moldova (Joachim Stern) Montenegro (Brigitte Kofler) Netherlands (Joachim Stern) Norway (Joachim Stern) Poland (Joachim Stern) Portugal (Brigitte Kofler) Romania (Joachim Stern) Russian Federation (Joachim Stern) Serbia (Joachim Stern) Slovakia (Joachim Stern) Slovenia (Brigitte Kofler)
5 X Table of Contents 44. Spain (Brigitte Kofler) Sweden (Joachim Stern) Switzerland (Brigitte Kofler) Ukraine (Joachim Stern) United Kingdom of Great Britain and Northern Ireland (Brigitte Kofler) Uzbekistan (Brigitte Kofler) Part Three: Tables and Diagrams I. Preface Subject Matter of the Study Geographical Survey Subject Matter of the Study Tabular Survey Dates of Establishment Constitutional Embodiment of the Institution Which State Power Do the Ombudsmen Associate Themselves to? Is a Judicial Examination of the Administration Provided (Administrative Jurisdiction)? Is there a Specialised Constitutional Court? II. Organisation 8. Which Organ Is Assigned with the Appointment of the Ombudsman? Does the Term of Office of the Ombudsman Depend on the Term of Office of Parliament? Is the Ombudsman Entitled to Participate in Parliamentary Plenary and Committee Meetings? Which Qualifications Do the Incumbents Have to Show? How many Incumbents Are Appointed to the Function of the Ombudsman? How many Deputies Are Appointed? Which Majority Is Required for the Election of the Ombudsman? How Long Is the Ombudsman s Term of Office? Can the Term of Office of the Ombudsman Be Renewed? Which Activities is the Office of the Ombudsman Incompatible with? Which Organ Can Relieve the Ombudsman from Office? Which Majority Is Required for the Dismissal of Office?
6 Table of Contents XI 20. For what Reason is the Dismissal of Office Admissible? What Is the Remuneration of the Ombudsman Oriented to? How many Persons Does the Ombudsman- Institution Employ? III. Access to the Institution 23. Does the Complaint Have to Be Submitted in Written Form? Are there Deadlines for the Lodging of a Complaint before the Ombusman? Can the Ombudsman Act ex Officio? Are Certain Institutions Permanently Controlled ex Officio? IV. Subject of the Investigation 27. Can Non-Governmental Legal Entities Be Controlled? Which Non-Governmental Legal Entities Can Be Controlled? Are Certain Domains of Administration Excluded from the Ombudsman s Control? Are Courts Subject to the Ombudsman s Control? To which Extent is the Administration of Justice Subject to the Ombudsman s Control? V. Standard of Investigation 32. What Is the Ombudsman s Standard of Investigation? Are Human Rights an Explicit Standard of the Ombudsman s Control? Does the Ombudsman s Activity Report Include a Separate Part on Human Rights? VI. Powers 35. Are the Administrative Organs Obliged to Assist the Ombudsman? Can the Duty of Assistance Be Enforced (under Compulsion)? Can the Ombudsman Initiate Criminal Proceedings? Can the Ombudsman Initiate Disciplinary Proceedings? Does an Annual Activity Report Have to Be Submitted to Parliament?
7 XII Table of Contents 40. Can Special Reports Be Submitted? Is the Ombudsman Empowered to Submit Legislation Proposals? Which Powers with Respect to Legislation Exist? Does the Ombudsman Have Powers of Appeal before the Constitutional Court? Which Standards Apply to the Contestation of General Provisions before the Constitutional Court? Can the Ombudsman File Applications before (Administrative) Courts? Appendix: Questionnaires Questionnaire I Questionnaire II Questionnaire III Bibliography Index
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