Measures
When the Ombudsman investigates a complaint, he assesses the actions of the authority concerned and adopts a position on its legality. He pays special attention to the requirement of good governance and to aspects which promote the implementation of fundamental and human rights.
Prosecution for malfeasance
The most severe sanction that the Ombudsman can employ in response to illegal action on the part of an authority is to bring a prosecution for malfeasance against the official who has acted illegally. Prosecution of this kind have been brought on 26 occasions since 1990, most recently in 2007.
Reprimand
Instead of bringing a prosecution for malfeasance, the Ombudsman can issue a reprimand to an official for having followed unlawful procedure. This was done on 49 occasions in 2010 (35 in 2009).
Opinion
In most cases, the Ombudsman expresses his perception that a procedure has been unlawful or clearly negligent and points out what would have been the legal way to act.
During the year under review he expressed his evaluation of the quality of an authority's actions in 667 (680) cases. An opinion can be intended either as a rebuke or for future reference and guidance.
Recommendation
The Ombudsman can also make a recommendation that an error be corrected as well as draw the Government's attention to shortcomings he has observed in legal provisions or regulations. He made 30 (37) recommendations of this kind in 2010.
Rectifications by authorities
Authorities sometimes rectify their errors on their own initiative once it emerges that the Ombudsman has begun investigating the matter. That happened in 40 (39) cases last year.
No error observed
The Ombudsman's decision does not always lead to measures being taken. That is the case when no erroneous action has been observed. There were 369 cases (603) in this category in 2010.
The Ombudsman often concludes, either immediately or in the course of an investigation, that there are no grounds for the suspicion that an authority's action has been illegal or negligent. That applied in 1,854 (1,742) cases in 2010.
The Ombudsman often concludes, either immediately or in the course of an investigation, that there are no grounds for the suspicion that an authority's action has been illegal or negligent. That applied in 1,854 (1,742) cases in 2010.
Not within the Ombudsman's purview
There are also cases in which the Ombudsman cannot investigate complaints. That applied in 991 (1,399) cases in 2010. Non-investigation of a complaint may be due to the fact that its subject is not within the scope of the Ombudsman's powers or it is still under consideration by another authority.
In 2010 the Ombudsman did not investigate matters over five years old, unless a special reason for doing so existed. The five-year period was calculated as beginning from the date on which the complaint reached the Ombudsman. The period at the end of which a matter was deemed to have lapsed began from the date on which the authority had made the decision to which the complaint relates. The date on which the complainant had been informed of the decision was also taken into consideration.
The law changed on 1st June 2011 so that from now on the Ombudsman does not investigate matters over two years old.
[04/11/11 12:01
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