The OmbudsmanA brief introduction

Monday 7 November 2022

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The OmbudsmanA brief introduction

Artur Victoria


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Content• History• The Public and Private sector• The Law• The European Ombudsman• International Ombudsman Associations• Our Perspective• An Evolution


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• Its origin in China during the Qin Dynasty (221 BC), and in Korea during the Choseon Dynasty

• In its original function the Ombudsman is the one, impartial that receives complains and defends the interests of the citizen from improper government actions or omissions.

• He is the “guardian of the individual’s interests” on an organized system where the administrative organization works in a routine without caring with particular or more specific case.

History


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• The Ombudsman being an organizational figure last century appeared on the public sector assuming the usual function, dealing with the complaints

• Nowadays he also is a vehicle of complain against

the private sector, mainly on consumers rights, children protection and ethnic discrimination.

The Public and Private Sector


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The Ombudsman has his legal background in some constitutions, or

laws and its legal nomination becomes by appointment of the:

• Parliament • Government • Nomination

Some countries have central and regional Ombudsmen.

The Law


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• Founded in the Maastricht Treaty.

• Investigates claims by companies which reside or have their interests within the European Union against incidents of bad administration by bodies or institutions of the European Union.

The European Ombudsman


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British and Irish Ombudsman Association (BIOA) Organization of News Ombudsmen (ONO) The International Ombudsman Association (IOA) The United States Ombudsman Association The European Network of Ombudsmen in Higher Education (ENOHE), IOI - International Ombudsman Institute (IOI) EOI - European Ombudsman Institute (EOI) AOA- Asian Ombudsman Association (AOA)

International Ombudsman Associations


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The Ombudsman fills the space between an organized entity, like a

government or a company, and where there is no special

jurisdiction, like the judicial power, and is a vehicle for starting a

formal complain, an inquiry with formal procedures resulting in a

conclusion.

He is seen and expected to be the protector or defender of the

individual against an organization that make to a specific person a

loss or damage.

Our Perspective


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There are two other ways of filling that objective:

• Using a general or specific inspection of a governmental structure that has the same methods – receiving a complain and doing an inquiry, with a final conclusion;

• The arbitral agreement when there is a dispute that involve two parties public or private, individuals or organizations.


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The Ombudsman has more a culturaland anthropological roots and origins,and has direct and practical relevancefor the design of sophisticatedinternal dispute treatment systems.

He is someone, independent,accepted by the society and by theAuthorities as representing individualinterests that inquiry a complaintinvestigating and recommending asolution.


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• The only power that the Ombudsman has is to recommend a procedure or decision.

• He does not have a decision power or an implementing recommendation instrument.

Power


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In a culture where the individual and the public sector are seen by

individuals in a simplistic way as opponents – the public interest has

to go over the individual interest – the Ombudsman becomes a

trusted conciliator, looking and proposing solutions for conciliation

between the two antagonists

He is not really at the private or individual side because he has to

be respected by both parties he has to stay in the middle and after

knowing all about a specific situation he has to sort out with a

proposal. In this end part of the process, we can see the difference

between the cultural diversity around the world or even around the

country.


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• If the institutionalized power does not respect

the Ombudsman then he is completely inefficient because he does not have jurisdictional powers and can not implement his recommendation.

• His anthropologic status is as someone with wisdom to decide who is right and wrong. Someone independent from the State that has time to hear complains and gives importance to them. Someone that being a confident of individuals is also a person that can tell them if they are right or not, someone that assumes the week defense against the powerful administration.

• Analysis using behavioural sciences such as social psychology, cognitive science and game theory, and following the trail of procedural studies would tend ideally towards defining the legal branch of a unified behavioural theory of decision, also encouraging considering whether it is time for a change in the relevant methodological paradigms of legal research and legal mediation.


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Threats:• Will loose the original essence and will become a conflict

mediator in disputes resolution and management;• Will spread his office with specialized departments and

sharing experiences and opinions in an exchange forum through international associations;

• Will collide with NGO’s that are much better prepared and hold much better international contacts lobbying and forcing unfair citizens situationsresolution.

• We have several examples like human rights, ecology, prisoners, healthcare, government abuse, corruption, bad governance and non democratic practices NGO’s.

Opportunities:• Will not loose its existence but will decline from an

intervention on the field for assuming a international investigation and academic discussion forum.

• However in regions where there is a strong tradition and culture of conflicts prevention and resolution, the Ombudsman will keep its place.

The EvolutionThe Evolution

The OmbudsmanA brief introduction

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