ombudsman

  • Ombudsman Institutions and the Judiciary in Sweden and Finland

    Author: Piotr Mikuli
    E-mail: p.mikuli@uj.edu.pl
    Institution: Jagiellonian University in Cracow
    Year of publication: 2017
    Source: Show
    Pages: 37-48
    DOI Address: https://doi.org/10.15804/ppk.2017.06.02
    PDF: ppk/40/ppk4002.pdf

    The short article discusses the competences of ombudsmen in Sweden and Finland in relation to the judiciary. These institutions have controlling and supervisory powers in relation to courts of law, including the determination of the accountability of judges and typical competences of a prosecutor. The Author points out the necessity to read provisions of the constitutions and acts regulating the discussed competences in the light of the principle of the judiciary’s independence. Still, the supervisory rights of ombudsmen in Sweden and Finland are very well developed and may refer to issues approaching closely the sphere of jurisdiction. When assessing the solutions presented, the Author points out the fact that the ombudsmen in both countries have worked out respective practices aimed at such use of available means of control so they cannot be accused of a reasonable and too extended interference with the judiciary sphere.

  • Pozycja ustrojowa Ombudsmana na Łotwie

    Author: Andrzej Pogłódek
    E-mail: andrzejpoglodek@interia.pl
    Institution: Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
    Year of publication: 2015
    Source: Show
    Pages: 149-162
    DOI Address: https://doi.org/10.15804/ppk.2015.03.07
    PDF: ppk/25/ppk2507.pdf

    The institution of Ombudsman originated in Scandinavia. The spread of the institution – which is now a solution typical of democratic countries – took place at the end of the twentieth century. At that time the institution has been widely welcome in the former socialist countries of Central and Eastern Europe. In Latvia, it is not a constitutional body. Latvian Ombudsman acts on the basis of the Act of 2006, its predecessor was the National Bureau of Human Rights. Latvian legislator in a manner appropriate to democratic standards specify the position of Ombudsman of the political system and created him an opportunity to actually carry out the tasks assigned to it. Unfortunately, the practical effects of the activities of the Ombudsman leave much to be desired.

  • Instytucja Pełnomocnego Rzecznika ds. Praw Człowieka w Turkmenistanie – wymiar normatywny i praktyka

    Author: Jerzy Szukalski
    E-mail: jerzy.szukalski@onet.eu
    Institution: Wyższa Szkoła Stosunków Międzynarodowych i Komunikacji Społecznej w Chełmie
    ORCID: https://orcid.org/0000-0001-9960-7571
    Year of publication: 2019
    Source: Show
    Pages: 223-244
    DOI Address: https://doi.org/10.15804/ppk.2019.02.13
    PDF: ppk/48/ppk4813.pdf

    The article presents the institution of the Commissioner for Human Rights in Turkmenistan, also officially referred to as the Ombudsman of Turkmenistan. The institution of Ombudsman was established in the Constitution of Turkmenistan in a new editing of 14 September 2016, and detailed regulations were included in the Law of 23 November 2016 “On Ombudsman”. Statutory regulations concerning the Ombudsman generally meet the standards of similar acts being in force in democratic countries. However, in the reality of the authoritarian system of Turkmenistan, where fundamental human rights are violated, the new institution is not able to perform the functions for which it was established. The evidence is the Ombudsman’s first report for 2017, which clearly lacks cases relating to human rights of the first generation. As a matter of fact, until democratic changes take place in Turkmenistan, as well as change in the policy of the state authorities in their approach to the protection of individual rights and freedoms, the institution of the Ombudsman will remain a facade institution.

  • Pozycja Rzecznika Praw Pacjenta w polskim systemie ustrojowo-prawnym

    Author: Tomasz Hoffmann
    E-mail: thoffmann@awf.poznan.pl
    Institution: Państwowa Uczelnia Zawodowa im. Ignacego Mościckiego w Ciechanowie
    ORCID: https://orcid.org/0000-0001-8423-8670
    Year of publication: 2021
    Source: Show
    Pages: 311-331
    DOI Address: https://doi.org/10.15804/ppk.2021.01.19
    PDF: ppk/59/ppk5919.pdf

    The article deals with issues related to the legal and systemic position of the patient ombudsman, as well as his tasks and competences. The author concludes that the ombudsman is not a typical ombudsman and that his activity is strictly subordinate to the exeutive, which is a denial of independence characteristic of a potential ombudsman. The article uses several research methods, such as system analysis and institutional analysis. The comparative, historical and observational methods were used subordinately. The research techniques used in the article include the analysis of the content of legal acts, the analysis of the texts of specialist studies, and the analysis of other documents.

  • Sprzeniewierzenie się ślubowaniu jako przesłanka odwołania Rzecznika Praw Obywatelskich przez Sejm

    Author: Michał Bartoszewicz
    E-mail: bartoszewicz.micha@gmail.com
    Institution: Uniwersytet Humanistyczno-Przyrodniczy im. Jana Długosza w Częstochowie
    ORCID: https://orcid.org/0000-0001-9189-5783
    Year of publication: 2021
    Source: Show
    Pages: 111-125
    DOI Address: https://doi.org/10.15804/ppk.2021.03.07
    PDF: ppk/61/ppk6107.pdf

    Breach of Oath as a Reason for Dismissal of the Ombudsman by the Sejm

    The purpose of this article is to determine whether, and if so to what extent, failure to comply with specific duties declared in the oath of office taken by an Ombudsman before taking office is relevant to the assessment of his responsibilities. The Sejm shall dismiss the ombudsman before the end of the period for which he was appointed if the Ombudsman has misappropriated his oath. Therefore, special attention has been paid in this study to the effects of the Ombudsman’s oath. The article examines the content of this oath and the conditions of exercising the right to dismiss the ombudsman by the Sejm. Such a decision must take into account, in particular, the independence of the ombudsman and the rule of tenure.

  • Rzecznik Praw Obywatelskich a organy władzy sądowniczej

    Author: Halina Zięba-Załucka
    E-mail: hzalucka@onet.eu
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-1646-3141
    Year of publication: 2021
    Source: Show
    Pages: 127-146
    DOI Address: https://doi.org/10.15804/ppk.2021.03.08
    PDF: ppk/61/ppk6108.pdf

    The Ombudsman and the Organs of Judicial Power

    The author shows that, in order to protect rights and freedoms, the Ombudsman, with the help of various instruments and depending on the infringements found, undertakes actions with organs of the judiciary, on which obligations concerning the protection of human rights and other subjects have been imposed. This article reviews the forms of the Ombudsman’s relations with the Supreme Court, the Supreme Administrative Court, the Constitutional Tribunal, and common courts. Their aim is to raise the level of respect for human and civil rights. In this context the thesis of the article is as follows: in view of structural, legal and organisational defects of the state, the Ombudsman notes that new threats to human and civil rights appear, freedoms or rights granted to them are often taken away in a manner inconsistent with constitutional standards, and public authorities exceed the sphere of their powers in an expcessive manner. Allegations made in complaints against public authorities are often verified by the Ombudsman in the course of inquiries with his participation. The Ombudsman keeps his distance from these bodies, which enables him to influence them in the field of human rights protection, and above all to influence the individuals subordinate to them.

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