The ombudsman under the ombudsman act of 1995 : a comparative study

Abstract

The Office of the Ombudsman has, in recent years, assumed increasing significance in various parts of the world as a device for controlling maladministration. In this thesis, a comparative study of the Ombudsman system of many countries such as Sweden, Finland, Denmark, Norway, New Zealand, United Kingdom and Malta will be attempted to provide a fuller background of information and discussion for debating the Ombudsman scheme in its true merits. In the introductory chapter of this thesis, I will explore the various opportunities which exist in Malta for individuals to make complaints to and about governmental institutions and the efforts made by the Maltese Government to set up the institution of Ombudsman to adequately meet out the demands of the public to have an honest and impartial administration. Since the Government has undertaken numerous activities in the name of Welfare State, it had become all the more essential that an independent institution for handling grievances should be evolved. I will endeavour to highlight the basic characteristics of the "classic" Ombudsman which make this institution a potentially powerful form of alternative dispute resolution; and I will look at the many Ombudsman variants which are being created in an attempt to meet the particular problems unique to the particular countries in question. I will examine how different Ombudsman legislations ensure that many of the Ombudsman's most important aspects are protected, such as impartiality and independence. I will next examine the boundaries of the Ombudsman's jurisdiction which, generally encompasses the administrative actions of government. A comparative study of the Ombudsman's jurisdiction will also be attempted for a fuller description of the limited powers or otherwise of the Ombudsman. The functions and powers common to most Ombudsman Offices are also being outlined. In the remaining part of my thesis, I will takeinto account the various attempts which have been made to enhance better this institution in the European Union. I will discuss the emergence of the institution of the European Ombudsman in order to defend better the rights of the citizens and residents in the European Union and to help in solving their problems vis-a-vis a the Community administration. Finally, I will also probe into the idea that the Ombudsman should be further sought as a protector of the fundamental human rights and freedoms of any individual. In the end, a general conclusion will be made as to the attributes of the Maltese Ombudsman, drawn on the basis of the findings of this institution in its few months of operation in our country.