Some of the main functions of the Ombudsman are to investigate irregularities, monitor the activities of the executive and legislative branches, and supervise administrative activities.
The Ombudsman is an institution created for the needs of a democratic society. It is the unification of all sectoral organizations (such as the defense of the rights of women, children, etc.), which is responsible for ensuring the global defense of all the rights and freedoms of citizens.
This instrument was implemented in Europe at the end of the 20th century, based on a Swedish model that had a great favorable impact on the transitions of communist regimes towards democracy.
At present, it exists in most democratic countries of Latin America, Asia and Africa. The Ombudsman is an independent body that enjoys complete autonomy and does not receive instructions from any institution.
The Ombudsman, being at the service of the people, becomes exclusively a public servant.
Therefore, according to the powers granted by law, it has the responsibility to render impartial judgments, without discriminating against citizens because of their condition or problems.
Main functions of the ombudsman
The ombudsman reconciles the interests, mistakes and abuses that affect the rights of citizens.
It tries to commit itself to protect and resolve the concerns of citizens, without carrying out any judicial procedure and without the need for lawyers or solicitors.
1- Investigate
Its main function is to investigate, detect irregularities and act as an intermediary around them.
Many times when the deterrence between the entities involved does not lead to any favorable result, the official uses other means of coercion such as the help of public opinion.
2- Control
Controlling that the activities carried out by the Executive and Legislative branches are carried out within the parameters of the constitution.
Prepare reports and render accounts of the results of the same.
3- Monitor
Supervise and coordinate administrative activities, rendering an account in the general courts.
That is, to protect the citizen within his capacities against any procedure of public mismanagement, which he is therefore forced to tolerate.
4- Provide Help
Generate proposals and recommendations that reduce irregularities within the administrative bureaucracy system, in favor of human rights.
These proposals must be presented equally to regional, national, public and local institutions.
At the international level, it helps to create institutions and similar projects in other countries in favor of citizens.
In addition, the projects allow a better harmony between the alliances of governments, their political systems and their administrative structures.
5- Inform
A special consideration of the Ombudsman is to be transparent in his reports regarding the activities that are carried out administratively. In particular, provide access to such activities and documents to public opinion.
Despite all the constitutional powers granted, the limit of the Ombudsman resides in handing over the investigations carried out to the judicial powers or to the federal courts.
As such, the official does not have the power or authority to prosecute. In short, the Ombudsman must legitimize compliance with the constitution and the laws, in favor and defense of the people.
Reference
- Belda, Enrique. (2009) Institutions to support governments and parliaments: (councils, ombudsmen and chambers of accounts). Valencia, Tirant lo Blanch.
- Horse, Gerardo. (2008) Administrative mediation and the Ombudsman. Navarra, Thompson-Aranzadi.
- Campos, Bidart and Carnota, Walter. (2000) Comparative Constitutional Law. Volume II. Editorial Ediar. Buenos Aires.
- Mora, Antonio. (2003) The Book of the Ombudsman.
- Rovira, Antonio (2002) Comments on the Organic Law of the Ombudsman. Madrid, Aranzadi.