Page 11 - KDK

Appendix to Recommendation

CM/Rec(2019)6

Principles for the development of the Ombudsman institution

I. Establishment and fundamental characteristics of
Ombudsman institutions

1. Ombudsman institutions should be in place in all member States.
The choice of one or more of these institutions should be made by each
State in the light of its organisation, particularities and needs. These
institutions should be directly and easily accessible to everyone in respect
of all public services, however provided. Particular attention should be
paid to persons who may not be aware of the existence of Ombudsman
institutions, who may have difficulties in accessing Ombudsman
institutions or who may be in a situation of vulnerability, such as migrants,
persons deprived of liberty, persons with disabilities or older persons and
children.

2. Member States should provide a firm legal basis for Ombudsman
institutions, preferably at the constitutional level, and/or in a law which
defines the main tasks of such an institution, guarantees its
independence and provides it with the means necessary to accomplish
its functions effectively, both at national and international levels, bearing
in mind existing standards and recommendations on Ombudsman
institutions, in particular the Principles on the protection and promotion of
the Ombudsman institution, adopted by the European Commission for
Democracy through Law of the Council of Europe (Venice Commission)
on 15 March 2019 and endorsed by the Committee of Ministers on 2 May
2019.

3. The process of selection and appointment of the head of an
Ombudsman institution should promote its independence. Candidates
should be of high moral authority and possess recognised competence
in the field of the rule of law, democratic governance and human rights.
Arrangements should be in place so that the post of the head of any
Ombudsman institution does not stay vacant for any significant period of
time.

10