What Does the Ombudsman Do?

Who is the Ombudsman?

The Ombudsman is an independent administrative-review institution established by Article 114 of the Constitution and Law No. 38/1996. The office examines, investigates and reports on acts, services and omissions of public administration by reference to legislation, judgments and principles of proper administration.

The Ombudsman is neither a court nor an administrative appellate authority. It is a supervisory and recommendatory mechanism supporting legality and good administration.

What may be examined?

• Acts and omissions of ministries, departments and public bodies
• Local-government services
• Public enterprises and public-law bodies
• Co-operatives and statutory committees, commissions and authorities
• Companies in which the State holds any share
• Failure or delay in providing a public service
• Administrative practice contrary to legislation or a court judgment

Powers

The Ombudsman may request reasoned information, summon persons and officials, require documents and allow those concerned to make representations. The office may call on an authority to correct an unlawful act.

A report is issued at the end of an investigation. Suspected misconduct, abuse of power or crime may be referred to the competent authority. The Ombudsman may also begin an investigation on their own initiative from press reports, information received or direct observation.

What can the Ombudsman not do?

The Ombudsman cannot issue a binding judgment, annul an administrative act directly, award damages or punish a person. Its effect comes through investigation, findings, recommendations, reporting and referral.

Excluded areas

Law No. 38/1996 excludes the constitutional or statutory functions of the President, Assembly, Council of Ministers, courts, Attorney-General’s Office, Public Service Commission, Audit Office and Police. Foreign policy and national defence are also outside jurisdiction, although a complaint may be forwarded to the competent body.

How to complain

A person alleging injustice must complete, sign and personally deliver the Ombudsman’s complaint form. According to the office’s current guidance, complaints by post and unsigned reports are not processed.

Set out events chronologically, identify the institution, earlier applications and replies, and the investigation sought. Attach decisions, correspondence and proof of delivery.

Does a complaint stop court time limits?

No. A complaint does not automatically suspend time for proceedings in the High Administrative Court or another court. Because administrative cases may carry a constitutional 75-day limit, waiting only for the Ombudsman may cause loss of rights.

What happens next?

The Ombudsman checks whether the matter is already before a court or under Police or Attorney-General investigation. If another investigation is active, consideration may be postponed. The inquiry is confidential and the conclusions are presented in a report to the bodies specified by law.