Page 29 - KDK

An environment conducive to independent action

Principle 4

It is not sufficient that an Ombudsman is appointed in an independent
manner; he or she must operate in an environment which allows for
independent action in practice. Legislative provisions often make explicit
the Ombudsman’s independence and specifically prohibit attempts by
others to influence the Ombudsman. In Iceland, for example, the Althing
Ombudsman’s legislation states that the Ombudsman shall not take
instructions from State bodies. Similarly, in Croatia, the Ombudsman’s
legislation provides that any form of influence on the Ombudsman’s work
is forbidden and that he or she is to carry out his or her work with
independence and autonomy.
In Ireland, the Ombudsman’s legislation provides that any attempt by a
person to obstruct or hinder the Ombudsman from carrying out his or her
mandate is equivalent to that person being in contempt of court. It is also
common for Ombudsman institutions to be provided with immunity in
relation to actions taken in the fulfilment of their functions. In Greece, for
example, the Ombudsman’s legislation states that he or she may not be
prosecuted or subjected to any inquiry for opinions expressed or actions
taken in the course of fulfilling his or her duties.

The institutional competence of the Ombudsman and cooperation
with administrative authorities

Principle 5

A common feature of the Ombudsman’s legislative mandate is to place a
duty on State bodies to cooperate with the Ombudsman and to empower
the Ombudsman to compel cooperation. In Finland, for example, the
Ombudsman’s legislation confers a right on the Ombudsman to secure
the assistance of authorities as he or she deems necessary, including the
provision of copies of documents and files. In Greece, the Ombudsman’s
legislation makes it a disciplinary offence for any public official to refuse
to cooperate with the Ombudsman during an investigation.
In some cases, Ombudsman institutions engage actively in dialogue with
State authorities with a view to raising awareness on the Ombudsman
institutions’ roles and mandates and facilitating the implementation of
*
their recommendations. For example the Kosovar National Preventive

* “All reference to Kosovo, whether to the territory, institutions or population, in this text
shall be understood in full compliance with United Nations Security Council Resolution
1244 and without prejudice to the status of Kosovo.”
28