Minority Ombuds Personsall about the projectour publicationscollection of materialslinks and research resourcesinteract with the project


Contact
 
NEWS

Collection of materials : Legal Framework of Selected Ombudsperson Institutions and Legislative Bases


Country Institution Legal basis Method of appointment and staffing Funding Reports to whom?
Albania People's Advocate Constitution for the Republic of Albania (Chapter VI, article 60-63)
Statute on People's Advocate (No. 8454, dated: 04/02/1999)
by the Assembly for 5 years
Staff shall be members of the civil service of the Republic (art.35 of Statute)
Has its own budget (art. 60/3 of Const.) to the Assembly (art.63/1 of Const.)
Armenia Ombudsman Law "On the defender of human rights" Proposed by the President and approved by three-fifths of Parliament.
Austria Federal Ombudsman Austrian Federal Constitution (Chapter VII, art.148a-j)
Federal Law on the Austrian Ombudsman Board (Act 1982),
by the Nationalrat for 6 years. (art. 148g of Const.)Ombudsman officials are appointed by the Federal President on the recommendation and with the countersignature of the Ombudsman chairman (148h1) It has its own budget
(art. 36 of Statute)
to the Nationalrat(art.148d of Const.)
Azerbaijan Human Rights Commissioner (Ombudsman) Constitution (art.95.6; art.130/VII)
Law on the Human Rights Commissioner (2001)
By the Milli Mejlis for 7 years (art. 4/1 of the Statute)
The staff shall be appointed by Ombudsman (art. 18/1 of the Statute)
State budget, but its budget may not be reduced in relation to the previous financial year(art. 19 of the Statute) To the President, the Milli Mejlis, Cabinet, Supreme Court, Constitutional Court and Prosecutor-General (art. 14 of the Statute)
Belgium Federal Ombudsman Gesetz vom zur Einsetzung des Kollegiums der Foderalen Ombudsmanner (22/03/1995) by the Parliament for 6 years (art. 3 of the Statute) State budget (art. 18 of the Statute) to the Parliament (art. 15 of the Statute)
Belgium Centre for Equal Opportunities and Opposition to Racism Act of February 15, 1993, (amended 13/5/1999) By the Prime Minister (art. 1 of the Statute)
Staff appointments regulated by organic statute (art. 5 of the Statute)
State budget (regulated by organic statute, art. 5 of the Statute) To the Prime Minister (art. 6 of the Statute)
Bosnia-
Herzegovina
Human Rights Ombudsman of the Republic Law on the Human Rights Ombudsman of the Republic of Bosnia and Herzegovina
The Rules of Procedures of the Republic of Bosnia and Herzegovina (July 1999)
by the Houses of Representatives and Peoples of Bosnia and Herzegovina for 5 years, may be re-elected (art. 9 and 10 of the Statute)
It has its own staff appointed by the ombudsman (art. 37 of the Statute)
The budget of the presidency of BiH (art. 39 of the Statute) to the Presidency of Bosnia and Herzegovina, the Houses of Representatives and Peoples of Bosnia and Herzegovina(art. 34 of the Statute)
Bosnia-
Herzegovina
The Ombudsman of the Federation The Constitution of the Federation of Bosnia and Herzegovina (Chapter II.B.) by the Houses of Representatives and Peoples of Bosnia and Herzegovina for 5 years, may be re-elected (art. 9 and 10 of the Statute)
It has its own staff appointed by the ombudsman (art. 37 of the Statute)
by the Federation legislature for 5 years (art. art. II/B/1/1/1 of the Const.)
It has its own staff (art. II/B/1/1/4 of the Const.)
to Prime Minister of the Federation, Deputy Prime Minister of the Federation, each Cantonal Presidency, and the OSCE
Bosnia-
Herzegovina
The Ombudsman of the Republika Srpska The Law on Republika Srpska's Ombudsman (October 1999) By the National Assembly of RS for 5 may be re-elected only once (art. 8 and 9 of the Statute)It has its own staff appointed by the Ombudsman (art. 35 of the Statute) It has its own budget approved by the National Assembly (art. 33/3 of the Statute)
It has its own staff (art. II/B/1/1/4 of the Const.)
To the National Assembly of RS (art. 32 of the Statute)
Bulgaria Ombudsman Law on Ombudsman (Promulgated in State Gazette No. 48 of May 23, 2003, in force since January 1, 2004), By the National Assembly for 5 years, may be re-elected only once (art. 8 of the Statute) the State Budget and/or by other public sources (art. 7 of the Statute) To the National Assembly (art. 22 of the Statute)
Bulgaria Local Public Mediator Law on Local Self-Government and Local Administration (art.21a and 43) By two-thirds of the Municipal Council (art. 21a of the Statute)
Canada Commissioner of Official Languages (Federal) Official Languages Act (part IX) By the Senate and House of Commons for 7 years, two consecutive terms (art. 49 of the Statute)
Appointed in the manner authorized by law (art. 51 of the Statute)
Federal budget To the Parliament (arts. 66-69 of the Statute)
Canada Human Rights Commission Canadian Human Rights Act (Part II) By the Governor in Council for 7 years (fulltime members); may be re-appointed (art. 26 of the Statute).
Appointed in accordance with the Public Service Employment Act (art. 32 of the Statute)
Federal budget To the Governor in Council
Canada The Ombudsman Ontario Ombudsman Act (General Rules, R.R.O. 1999, Reg.865), By the Lieutenant Governor in Council on theaddress of the Assembly for 5 years, may be re-appointed (arts. 3-4 of the Satute)
Ombudsman may appoint, subject to approval of the Lieutenant Governor in Council (art. 8 of the Statute)
Provincial budget To the Speaker of Assembly with an Annual report (art. 11 of the Statute)
Canada Public Protector of Quebec Public Protector Act On motion of the Prime Minister, by two-thirds of the National Assembly for 5 years (arts. 1-2 of the Statute)
Appointed by Public protector, with number being decided by Government (art. 11 of the Statute)
Provincial Budget To the National Assembly (art. 27 of the Statute)
Canada Nova Scotia Ombudsman Ombudsman Act of 1989 By the Governor in Council for 5 years, may be re-elected (art. 1 and 4 of the Statute)
Ombudsman may appoint, subject to approval of Governor in Council (art. 7 of the Statute)
Provincial budget (art. 7 of the Statute) To the House (art. 24 of the Budget)
Croatia Ombudsman- (Commissioner of Croation Sabor) Constitution (art. 93)
Act on the Ombudsman (25/09/1992)
by the Chamber of Representatives for 8 years (art. 3 of the Statute) State budget to the Sabor, the Parliament (art. 8 of the Statute)
Cyprus Commissioner for Administration The Law on the Commissioner for Administration (Law 3 of 1991)
The Municipal Law 101 (I) of 1995
northern Cyprus Ombudsman (Yuksek Yonetim Denetcisi) The Constitution of the Turkish Republic of Northern Cyprus (Chp. III) By the President with the approval of Assembly for five years, may be re-elected (art. 114 of the Constitution) State budget To the Assembly
Czech Republic Public Defender of Rights Law of the 8 December 1999 on the Public Defender of Rights by the Parliament for 6 years; same ombudsman: max. two consecutive periods (art. 2 of the Statute) State budget (art. 26 of the Statute) to the Parliament (art. 5 and 24 of the Statute)
Denmark Parliamentary Commissioner for Civil and Military Administration Constitution art. 55
Ombudsman Act (No. 473, June 1996)
by the Folketing (art. 1 of the Statute)
Ombudsman can appoint its own staff (art. 26 of the Statute)
State budget (art. 26 of the Statute) to the Folketing (art. 11 of the Statute)
Denmark The Complaints Committee for Ethnic Equal Treatment Act no. 374 of 28 May 2003 on Ethnic Equal Treatment by the board of The Danish Institute for Human Rights, which is appointed by the Minister of the Interior State budget to the board of The Danish Institute for Human Rights
Estonia Legal Chancellor Legal Chancellor Act (June 1999) by the Riigikogu for 7 years (art. 5 of the Statute)
Legal Chancellor has the same rights as a minister in directing a ministry to appoint staff (art. 36 of the Statute)
State budget to the Riigikou
Finland The Parliamentary Ombudsman Constitutional Act of Finland - art.49 and art.59
Regulation of the Parliamentary Ombudsman
by the parliament for 4 years (art. 49 of the Constitution)
Ombudsman can appoint his or her own staff (art. 20 of the Statute)
State budget to the parliament (art. 8 of the Statute, art. 49 of the Constitution)
Finland Ombudsman for Minorities Act on Minority Ombudsman (660/2001) (Finnish)
Decree on Minority Ombudsman (661/2001)
By the government for maximum 5 years State budget To the Ministry of Labour
France Mediateur of the French Republic Enactments, Law no. 73-6 (modified with the Law no. 92-125, 6 February 1992) by decree of the Council of Ministers for 6 years (art. 2 of the Statute) Budget of the Prime Minister's Office (art. 15 of the Statute) to the President and Parliament (art. 14 of the Statute)
Georgia Public Defender Constitution of 1995 (art. 43)
Organic Law of Georgia on the Public Defender of Georgia (1996 -amended in 1999)
by Parliament for 5 years; max two consecutive terms (art. 6 and 7 of the Statute)
Staff appointments determined by Public Defender in the Statute of the Office (art. 26 of the Statute)
State budget, by separate article, the Public Defender to submit a draft of the estimated costs (art. 25 of the Statute) to the Parliament (art. 22 of the Statute)
Germany Federal Government Petitions Committee Art. 17 GG, Art. 45c GG, Gesetz über die Befugnisse des Petitionsausschusses nach Art. 45c GG (BGBI I 1975 S.192)
Geschäftsordnung Deutscher Bundestag § 108 ff.
Grundsätze des Petitionsausschusses über die Behandlung von Bitten und Beschwerden (Verfahrensgrundsätze) vom 13. November 2002
Germany Federal Government Commissioner for Matters Related to Repatriates and National Minorities in Germany
Greece Ombudsman Constitution (Section VI Administration, Chapter I, art. 103)
Law no. 2477 of 1997 (The Ombudsmen and the Public Administration, Inspectors-Controllers Body)/Law no. 3094 of 2003 (The Ombudsman and Other Provisions)
Presidential Decree No. 273 (Regulations of the Ombudsman)
by a presidential decree for 5 years; no re-election possible
Staff positions listed in art. 12 of Decree
State budget to the Parliament (art. 7 of Decree)
Hungary Parliamentary Commissioner for National and Ethnic Minority Rights Constitution (Chapter V, art.32/B)
Act LXXVII of 1993 on the Rights of National and Ethnic Minorities
Government Decree (No. 125/2001, VII.10) on the Office for National and Ethnic Minorities
by two-thirds of the parliament for 6 years; may once be re-elected (art. 32B of the Constitution, art. 20 of the Act LXXVII, art. 1 of Decree) State budget, independent title within the chapter of the Ministry of Justice (art. 3 Decree) to the Parliament with an Annual Report (art. 32B of the Constitution)
Iceland The Althing Ombudsman Act no.85/1997 on the Althing Ombudsman by the Parliament for 4 years (art. 1 of the Statute)
Ombudsman engages its own staff within fiscal limits (art. 13 of the Statute)
State budget to the Althing, annually (art. 12 of the Statute)
Israel The State Comptroller Basic Law on the State Comptroller (15 February 1988)
The State Comptroller Law (5718-1958) -Consolidated Version
by Knesset for 7 years; one term election (art. 7 Basic Law) State budget, determined by Finance Committee upon proposal of State Comptroller (art. 10 Basic Law) to Knesset (art. 6 Basic Law)
Ireland Ombudsman Ombudsman Act (1980) by the President upon resolution passed by Dil and Seanad ireann for 6 years, may be re-appointed (art. 2 of the Statute)
Staff appointment by the Minister for the Public Service (delegable) (art. 10 of the Statute)
State budget(art. 11 of the Statute) to the House of the Oireachtas (art. 6 of the Statute)
Italy Civic Defender of Valle d'Aosta Regional Law (No. 5, 2 March 1992) by the Commission for 5 years, re-election I sonly possible once (arts. 6 and 8 of the Statute)
Staff appointment in accordance with separate regulations (art. 17 of the Statute)
Regional budget (art. 18 of the Statute) Regional Council (art. 14 of the Statute)
Kazakhstan National Commissioner for Human Rights Presidential Decree (September 20, 2002) by the President after consultations with the Committees of the Parliament for 5 years (art. 2(8) and (10) of the Decree) State budget To the President
Kyrgyzstan Ombudsman (Akyikatchy) Ombudsman Law of 2002 (excerpts) By the Legislative Assembly (Lower House) for five years State budget To the Legislative Assembly
Latvia Human Rights Office Latvian National Human Rights Office Law (5 December 1996) by the Seima for 4 years (art. 3(1) of the Statute)
Director approves personnel and structure (art. 3(5) of the Statute)
State budget to the Saeima and the Cabinet of Ministers
Lithuania Seimas Ombudsmen Constitution of 1992 (chapter V, art. 73)
Law on the Seimas Ombudsmen, (amended in 1999)
by the Seimas for 4 years (arts. 3 and 5 of the Constitution)
Staff appointments by art. 8 of the Statute
State budget to the Assembly (art. 28 of the Constitution)
Luxembourg Commission des Pétitions de la Chambre des Députés Constitution of 17 October 1868, as amended (Articles 27 and 67)
Macedonia Public Attorney The 2001 Framework Agreement (art. 4.3)
Constitution (art.77 -amended in 2001)
Law on the Public Attorney (1997)
by Assembly for 8 years; one re-election possible (art. 4 of the Statute)
Public Attorney sets up his own staff in accordance with Law n State Administration (art. 25 of the Statute)
State budget (art. 26 of the Statute) to the Assembly, annually (art. 24 of the Statute)
Malta Ombudsman Ombudsman Act (1995) by the President upon resolution of the House of Representatives State budget To House of Representatives
Moldova Parliamentary Advocates/Centre for Human Rights Law on the Parliamentary Advocates (1997), and Regulations on the Centre for Human Rights (1998) by the Parliament for 5 years, only 2 terms possible (art. 4, 6 of the Statute, art. 2 of the Regulations, see also art. 36 of the Statute)
Organisational chart, personnel and funding to be approved by Parliament (art. 25 of the Statute, art. 11 of the Regulations)
State budget (art. 37 of the Statute, art. 3 of the Regulations) to the Parliament, annually (art. 34 of the Statute, art. 29 of the Regulations)
The Netherlands Ombudsman Constitution (Chapter V art. 108)
National Ombudsman Act (1981)
by the Lower House of Parliament for 6 years (art. 2 of the Statute, see also art. 9 re: deputies)
Personnel of secretariat appointed by the Queen on Ombudsman's recommendation (art. 11 of the Statue, see also art. 20)
State budget to the House of Parliament and Ministers, annually (art. 28 of the Statute)
The Netherlands The Equal Treatment Commission The 1994 Equal Treatment Act by the Minister of Justice afterconsultation of the ministers of Interior, Education, Health, labour and Social Affairs, for 6 years; reappointment is possible (art. 11 of the Statute)
By Minister of Justice on recommendation of the Commission (art. 17 of the Statute)
State budget to Ministers, annually, monitoring report 5 yearly to Minister of Interior (art. 20 of the Statute)
New Zealand Parliamentary Ombudsman- Ombudsman Act (1975) by the Governor-General on recommendation of the House of Representatives for 5 years (arts. 3 and 5 of the Statute)
Chief Ombudsman may appoint staff (art. 11 of the Statute)
State budget (see art. 9 of the Statute) to the House of Representatives, annually (art. 29 of the Statute)
Norway Parliamentary Ombudsman for Public Administration Constitution of the Kingdom of Norway (art.75)
Act concerning the Storting's Ombudsman for Public Administration (1962)
Directive to the Storting's Ombudsman for Public Administration (19 February 1980)
by the Storting for 4 years, following each general Election (art. 1 of the Statute)
By Storting's Presidium on recommendation of the Ombudsman (art. 14 of the Statute)
State budget to the Storting, annually (art. 12 of the Statute, art. 12 of the Directive)
Norway Centre for Combating Ethnic Discrimination Terms of Reference and Composition of the Board for the Centre for Combating Ethnic Discrimination Board appointed by the King for 2 years; may be re-appointed once.National organisations that work against discrimination will be invited to propose candidates for board membership. (art. 7 of the Terms of Reference)
Board appoints centre manager (art. 8 of the Terms of Reference)
State budget (see art. 2 of the terms of Reference) to the Ministry of Local Government and Regional Development
Poland Commissioner for Civil Rights Protection Constitution (Chapter II, art.80 and Chapter IX, art.208-12)
Act on Commissioner for Civil Rights Protection (1987)
Statutes of the Office of Commissioner for Civil Rights Protection (1997)
by the Sejm upon approval of the Senate for 4 years, only 2 terms are possible (arts. 3 and 5 of the Act)
For staffing, see art. 20 of the Act.
State budget (art. 21 of the Act) to the Sejm and the Senate, annually (art. 19 of the Act)
Portugal Provedor de Justica Constitution (Part I Section I art. 23)
Law no. 9/91, 9 April 1991 (modified by Law no. 30/96, 14 August 1996)
by two-thirds of the Assembly for 4 years; only once re-electable (arts. 5 and 6 of the Statute)
Ombudsman may appoint staff in conformity with organic law (art. 10 and 41 of the Statute)
State budget, prepared according to its organic law (art. 43 of the Statute) to the Parliament, annually (art. 23 of the Statute)
Romania Advocate of the people Constitution (Chapter IV art. 58-60)
Law no. 35, 13 March 1997 on the Organisation and Functioning of the Advocate of the People Institution
by the Senate for 4 years, re-appointment only possible once (arts. 6 and 7 of the Statute, see art. 11 re: deputies)
Structure and number of staff approved by Senate Standing Bureau (art. 30 of the Statute), positions filled by competitive examination, run by the Appointments and Disciplinary Commissions (art. 31 of the Statute)
State budget (art. 33 of the Statute) to the Parliament, annually (art. 5 of the Statute)
Russian Federation Commissioner for Human Rights Law on the Commissioner for Human Rights in the Russian Federation (1996) (Chapter I-V) by the majority of the State Duma for 5 years, only 2 consecutive terms are possible (arts. 1, 8 and 10 of the Statute)
Staff appointments by the Commissioner (art. 39 of the Statute)
State budget, with a separate line (arts. 5 and 38 of the Statute) to the state authorities, annually (art. 33 of the Statute)
Federation of Serbia and Montenegro Citizen Defender in Serbia Law on determining some competencies of the Autonomous Province (Official Gazette of the Republic of Serbia, no. 6, 7 February 2002, art.56, art.126) by the Assembly of the local administration (art. 126 of the Statute) Locally determined to local authorities
Federation of Serbia and Montenegro Ombudsman for Vojvodina province Decision on the Province Ombudsperson (23 December 2002) The Assembly of the Autonomous Province of Vojvodina (hereinafter "theAssembly") shall elect the Ombudsperson by a two-thirds majority vote of allDeputies, for a term of 6 years (art. 5). At least one of the five deputies must be from a national minority (art. 6). From the Budget of the Province (art. 41). To the Assembly (art. 37)
Federation of Serbia and Montenegro Ombudsman for Montenegro Law on the Ombudsman in Montenegro (8 July 2003)
Kosovo Ombudsperson Institution The 1999 Interim Agreement for Peace and Self-Government in Kosovo, (chapter 6)
Rules of Procedure for the Ombudsperson Institution in Kosovo, (20 November 2000)
by Assembly for a non-renewable three year term (art. 1(2) of the Agreement)
Ombudsman chooses his or her own staff (art. 1(3) of the Agreement)
State budget (art. 1(3) of the Agreement) to the Special Represen-tative of the General Secretariat
Slovac Republic Public Defender of Rights Constitution (Part 8, art.149-151a)
Act on the Public Defender of Rights (2001)
by the National Council for 5 years; not more than two consecutive periods possible (arts. 4 and 5 of the Statute)
Office organisation regulated by separate office regulations (art. 27 of the Statute)
State budget (art. 27 of the Statute) to the National Council, annually (art. 23 of the Statute)
Slovenia Ombudsman for Human Rights and Fundamental Freedoms Constitution (art. 159)
Human rights Ombudsman Act (1993)
Rules of Procedure (1995)
by the Parliament upon nomination by the President for 6 years; may be re-elected only once (arts. 2 and 12 of the Statute)
Organisational scheme set out in Rules of Procedure (art. 10 of the Statute) Ombudsman may appoint and dismiss (arts. 52 and 53 of the Statute). See art 15 re: deputies)
State budget (arts. 5 and 55 of the Statute) to the Parliament (art. 5 of the Statute)
Spain Defender of People Constitution (art.54)
Organic Act concerning the Defender of People (1981)
by three-fifths of the Congress of the Cortes Generales for 5 years (arts. 1 and 2 of the Statute)
Defender may appoint staff (art. 35 of the Statute). See art. 8 re: assistants.
State budget (art. 37 of the Statute) to the Cortes Generales, annually (arts. 1 and 32 of the Statute)
Sweden Parliamentary Ombudsman Constitution (Chapter12, art.6)
Riksdag Act (Chapter 10, art.8; Chapter 9, art.8)
Act with Instructions to the Parliament (1986)
by the Parliament for 4 years (art. 6, chp. 12 of the Constitution, art. 10 of the Act)
Staff appointments by Secretariat. Chief Parliamentary Ombudsman can appoint other staff (art. 13 of the Instructions)
State budget to the Riksdag
Sweden Ombudsman against Ethnic Discrimination The Law (1999:130) on Measures against Ethnic Discrimination in Working Life (Articles 21-43)
The Law (1999:134) against Ethnic DiscriminationThe Law (1999:131) on the Ombudsman against Ethnic Discrimination
by the government (art. 2 of the Statute 1999:131) State budget to the government
Switzerland Ombudsman against Racism (The President of the Federal Commission against Racism) Decree of 23 August 1995 By government State budget To the government
Turkey Ombudsman (Kamu Denetciligi) Draft Bill on Ombudsman (in Turkish) By the National Assembly for 5 years State budget To the National Assembly
United Kingdom Parliamentary Ombudsman - various Commissioner for Administration The Public Commissioner for Administration Parliamentary Act 1967
Local Government Ombudsman Act 1974
by Crown, responsible to parliament State budget House of Commons
United Kingdom Commission for Racial Equality The 1976 Race Relations Act, (Part VII) by the Secretary of State (art. 43 of the Statute)
For staffing, see art. 43 of the Statute
Central budget to Secretary of State, annually (art. 46 of the Statute)
United Kingdom Scottish Public Services Ombudsman Scottish Public services Bill (as passed) By Crown on the nomination of the Scottish Parliament for max 5 years (art. 1 of Statute and art. 4 of Schedule 1 of Statute)
Ombudsman may appoint staff (art. 9 of Schedule 1 of Statute)
Parliamentary corporation (art. 13 of Schedule 1 of Statute) to the Scottish Parliament
Ukraine The Authorised Human Rights Representative of the Verkhovna Rada Constitution (art. 55 and 101)
Law of Ukraine on the Authorised Human Rights Representative of the Verkhovna Rada (1997)
by the Verkhovna Rada for 5 years (arts. 5 and 6 of the Statute)
Representative may appoint delegates (art. 11 of the Statute); Secretariat is governed by separate Regulations (art. 10 of the Statute)
State budget, with distinct line (art. 12) to the Verkhovna Rada, annually (art. 18 of the Statute)
Uzbekistan The Authorised Person Oliy Majlis for Human Rights Law of the Republic of Uzbekistan on the Authorised Person of the Oliy Majlis for Human Rights by the Oliy Majlis from among its deputies (art. 3 of the Statute)
Secretariat to be governed by separate Statute approved by the Authorised Person (art. 20 of the Statute)
State budget (art. 20 of the Statute) to the Oliy Majlis, annually (art. 6 of the Statute)

 

toptoptop