2010•Glasnik Advokatske komore VojvodineOpen access

The independence of parliamentary ombudsman

Petar Teofilović

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Abstract

Independence is among the key features of Ombudsman institutions. It is essential for the normal performance of the institution, as well as for the completion of its main func­tions: executing control over the administrative agencies and other organizations that carry out delegated public authorities, and protecting and improving human rights. The indepen­dence of this institution may be affected by a number of various elements. Thus, when as­sessing the achieved level of particular institution's autonomy one has to take into account the state of all the various aspects of ombudsman's independence affected by different factors. Some of those factors predominantly affect the status of the institution and its relationships with other state bodies, others relate to ombudsman him/herself, or to financial resources of the institution, to the employees, etc. In order to secure the accomplishment of the institution's functions, the relevant legal regulations lay down various solutions directed at protecting its independence. The article presents an overview of 15 groups of factors that influence the independence of ombudsman in different ways, and a comparative view at concrete measures prescribed in various countries directed at fostering the autonomous status of the institution.

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Independence is among the key features of Ombudsman institutions. It is essential for the normal performance of the institution, as well as for the completion of its main func­tions: executing control over the administrative agencies and other organizations that carry out delegated public authorities, and protecting and improving human rights. The indepen­dence of this institution may be affected by a number of various elements. Thus, when as­sessing the achieved level of particular institution's autonomy one has to take into account the state of all the various aspects of ombudsman's independence affected by different factors. Some of those factors predominantly affect the status of the institution and its relationships with other state bodies, others relate to ombudsman him/herself, or to financial resources of the institution, to the employees, etc. In order to secure the accomplishment of the institution's functions, the relevant legal regulations lay down various solutions directed at protecting its independence. The article presents an overview of 15 groups of factors that influence the independence of ombudsman in different ways, and a comparative view at concrete measures prescribed in various countries directed at fostering the autonomous status of the institution.

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Available abstract

Independence is among the key features of Ombudsman institutions. It is essential for the normal performance of the institution, as well as for the completion of its main func­tions: executing control over the administrative agencies and other organizations that carry out delegated public authorities, and protecting and improving human rights. The indepen­dence of this institution may be affected by a number of various elements. Thus, when as­sessing the achieved level of particular institution's autonomy one has to take into account the state of all the various aspects of ombudsman's independence affected by different factors. Some of those factors predominantly affect the status of the institution and its relationships with other state bodies, others relate to ombudsman him/herself, or to financial resources of the institution, to the employees, etc. In order to secure the accomplishment of the institution's functions, the relevant legal regulations lay down various solutions directed at protecting its independence. The article presents an overview of 15 groups of factors that influence the independence of ombudsman in different ways, and a comparative view at concrete measures prescribed in various countries directed at fostering the autonomous status of the institution.

Key concepts: Independence (probability theory), Institution, Autonomy, Public institution, State (computer science), Public administration, Public relations, Order (exchange)

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