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Constitutional Court and the Supreme Court: the High Commissioner
gives opinions on specific legal issues at the request of judges, tables
motions to reconsider court decisions and participates in elaborating
recommendations on important matters of judicial practice.
In a number of member States, Ombudsman institutions have been
empowered to intervene in relevant court proceedings through amicus
curiae in order to provide expert analysis and guidance on human rights
issues. The Moldovan Council for Prevention and Combatting
Discrimination and Ensuring Equality, for instance, is entitled to provide
amicus curiae to domestic courts in cases of relevance to its mandate as
is expressly provided for in article 74 of the Civil Procedural Code. A guide
on how to write an amicus curiae developed with the assistance of the
Council of Europe has further enhanced its capacity to deliver
professional inputs before national courts. In Georgia, the Public
Defender also performs the function of a friend of the court in the
Commons Courts and the Constitutional Court.

The Human Rights Defender of Armenia has the right to apply to the
Constitutional Court regarding the conformity of the provisions of laws,
decisions of the National Assembly, orders and instructions of the
President, decisions of the Government and the Prime Minister and by-
laws with the provisions of Chapter 2 of the Constitution on Basic Rights
and Freedoms of the Human Beings and the Citizen. The Human Rights
Defender’s Office publishes reports on all amicus briefs submitted to the
Constitutional Court.

Making recommendations and proposing administrative or
legislative reforms

Principle 8(c)
Ombudsman institutions generally have wide powers to recommend that
State bodies remedy particular problems faced by citizens, as well as
reform systems to ensure that problems do not recur, and administration
is improved. In Portugal, for example, the Ombudsman’s legislation
empowers him or her to make recommendations in order to: address
illegal or unfair acts of State bodies; help improve public services; point
out shortcomings in legislation; and advise on how legislation should be
interpreted. Similarly, in Malta, the Ombudsman’s legislation provides
that the Ombudsman may make recommendations in a range of
situations, including where he or she is of the opinion that: the matter
needs to be referred to an appropriate authority for further consideration;
an omission should be rectified; a decision cancelled or varied; a practice

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