Journal articles: 'Ombudsman review'

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Harahap, Meilisa Fitri, and Roni Efendi. "OMBUDSMAN OF THE REPUBLIC OF INDONESIA SUPERVISION OF NOTARY SUPERVISORY COUNCIL." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 1 (June 30, 2020): 129–46. http://dx.doi.org/10.19109/nurani.v20i1.5502.

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Notary Supervisory Council (MPN), which is suspected of having maladministration in the form of lengthy delays in the rapporteur's certainty about his report to the notary, so that the rapporteur reports to the Ombudsman. The Ombudsman, as a government agency for civil servants, has the power to monitor service providers, including those provided by the Notary Board (MPN). The urgency of this research is to review the legality of the Ombudsman in overseeing the MPI. This research is normative and empirical legal research that uses qualitative analysis. This research shows that the MPN is authorized to supervise and supervise notaries in the provision of public services in the form of administrative services and services, so that the MPN is under the Ombudsman's supervision. The Ombudsman's completion of reports of alleged maladministration by the MPN relies on public reports and then follows them up according to the Ombudsman's authority. The Ombudsman examined and followed up the report so that the MPP immediately forwarded the decision to the notary with a written warning. Key words: Supervision, Ombudsman, the Brethren of the notary

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Meininger, Marie-Christine. "Book Review: Ombudsmen in the Public Sector, The European Ombudsman." International Review of Administrative Sciences 63, no. 1 (March 1997): 100–101. http://dx.doi.org/10.1177/002085239706300108.

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Garant, Patrice, and Huguette Pagé. "L'ombudsman: première avenue de contrôle de l'Administration, ses caractéristiques, son efficacité." Les Cahiers de droit 23, no. 3 (April 12, 2005): 517–86. http://dx.doi.org/10.7202/042508ar.

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The Ombudsman is one of the three recognised control agents of today's Public Administration. He has his own characteristics that make him the most accessible, speedy, low cost and efficient instrument of safeguard against illegal, irregular or arbitrary administrative action. A thorough study of the Ombudsmen of two major provinces, Ontario and Québec, is more than interesting and makes one wonder why the 1978 federal project was abandonned. In a broad perpective, that includes a cost-benefit analysis, a comparison between the Ombudsman and the system of administrative appeal or review tribunals allows us to characterize each's specific role and evaluate the need they are respectively intended to fill.

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4

Chen, Mai. "New Zealand's Ombudsmen Legislation: The Need for Amendments After Almost 50 Years." Victoria University of Wellington Law Review 41, no. 4 (December 6, 2010): 723. http://dx.doi.org/10.26686/vuwlr.v41i4.5210.

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It has been almost fifty years since the original Parliamentary Commissioner (Ombudsman) Act was passed in 1962, the precursor to the current Ombudsmen Act 1975. Since that time, the role has expanded significantly and the constitutional framework in which the Ombudsman operates has also changed significantly, yet the legislation has never undergone a thorough review. In this article, Mai Chen examines how Ombudsmen are a key tool in the Public Law Toolbox. She reviews the functions of the Office, showing that it can be more effective than courts in addressing issues of public administration in some circumstances, due to its accessibility, low cost to the complainant, and range of remedies available. The article concludes that as so much of the Ombudsmen's work is in private, the lack of formal use of statutory powers to compel or to make formal recommendations may actually evidence their effectiveness in using persuasion to get those complained about to redress the problem. Ms Chen makes a number of reform proposals to reflect recent developments, and to allow the Office to fulfil its constitutional role including a specific public education function, a 20 working day deadline on providing the Ombudsmen with any information requested, a presumption of jurisdiction for bodies exercising public powers affecting the public and which are publicly funded, an express power to comment on law-making with implications for the Ombudsmen and Official Information Acts, extending jurisdiction to "committees of the whole" in Local Government, and a single fixed term to protect Ombudsmen independence in office. The article also considers whether wide use of the name Ombudsmen should be allowed for private sector investigative and complaints bodies.

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Tremblay, André. "Une contribution positive à la protection des droits individuels : l'institution de l'ombudsman au Canada." Les Cahiers de droit 20, no. 3 (April 12, 2005): 525–38. http://dx.doi.org/10.7202/042327ar.

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Canada and Quebec have been actively involved in the trend which has resulted in the existence, within the political system, of a new institution : the Ombudsman. While the Government of Canada hesitated for some time before establishing the institution for federal purposes, the Quebec Public Protector has existed for somewhat more than 10 years, and the new institution has been recognized a proper remedy to the weaknesses of the judicial system. This article enumerates some of the weaknesses of judicial review and attempts to demonstrate that citizens are better protected by the Ombudsman because of the simplicity of the available remedies and the efficiency of settlement procedures. The new institution could not be introduced next to the judicial system without creating some problems. This article considers the respective domains which fall within the jurisdiction of the courts and of Ombudsmen, and the conflicts which could arise. Finally, the operation of the courts and of the Ombudsman will be considered, as well as the advantages and deficiencies of both institutions.

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Ziółkowski, Michał. "Kadencyjność Rzecznika Praw Obywatelskich i zasada zaufania do państwa i stanowionego przez nie prawa. Glosa do wyroku TK z 15 kwietnia 2021 r., K 20/20." Przegląd Konstytucyjny, no. 1 (2022) (June 2022): 167–86. http://dx.doi.org/10.4467/25442031pko.22.007.15733.

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The term of the Ombudsman and the constitutional principle of trust for the state and the law. Commentary on Constitutional Tribunal Judgement of 15 April 2021, case K 20/20 The commentary presented in the paper is doctrinal and has descriptive and interpretive aims. It discusses the Tribunal’s judgement concerning the unconstitutionality of one of the provisions of the Act on the Ombudsman. According to the provision, the Ombudsman shall continue to perform duties after the end of term and until the election of the new Ombudsman. In the Tribunal’s view, the provision provided an unconstitutional extension of the Ombudsman’s term. Since the judgement was passed by the unconstitutionally elected members of the Tribunal and it was to remove Adam Bodnar (the former Ombudsman) from the office, it has to be interpreted in the context of the current constitutional crisis in Poland. The article argues that the Tribunal’s reasoning was constitutionally wrong, logically incoherent, and far from clear if considering the well-established case-law. Moreover, the paper explains how the Tribunal and the President of the Tribunal violated the law on the assignment of judges to the Tribunal’s panels and the constitutional principle of judicial independence. The concluding remarks focus on the possible legal consequences of unlawfulness in the Polish constitutional order, which does not directly provide any review of the Tribunal’s judgements or its President’s actions.

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7

Busby, Chris. "The Pensions Ombudsman – A review." Pensions: An International Journal 10, no. 2 (March 2005): 119–23. http://dx.doi.org/10.1057/palgrave.pm.5940298.

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Henham, Rj, and P. E. Morris. "The Prisons Ombudsman: A Critical Review." European Public Law 4, Issue 3 (September 1, 1998): 345–78. http://dx.doi.org/10.54648/euro1998031.

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9

Teofilović, Petar. "Status and perspectives of the ombudsman institution in the legal system of Serbia and Montenegro." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 87–103. http://dx.doi.org/10.5937/gakv0503087t.

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The article presents the main features of ombudsman institution, its position and role in the system of organs at various levels, and its relationships with other branches of state power, followed by a brief review of ombudsman institutions established so far on the territory of Serbia and Montenegro. The authorities and procedure of Ombudsman of Vojvodina are also presented. Finally, the text contains an analysis of some issues important for the regulation of relationship between ombudsman at various levels of territorial organization (national, regional and local), as well as for its further development in the domestic legal system.

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Li, Grace. "Conceptualising the Australian telecommunications industry self-regulation scheme in the context of Australian judicial system and administrative justice." Australian Journal of Telecommunications and the Digital Economy 4, no. 3 (September 26, 2016): 21. http://dx.doi.org/10.18080/ajtde.v4n3.57.

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The public ombudsman plays an irreplaceable role as an important redress mechanism for individual grievance and as a “watch dog” to administrative justice. The emergence of private ombudsman institution in 1980s has brought some significant controversies. Despite the fact that many of the early controversies have not been sufficiently addressed, private ombudsman institution has proliferated in the recent years. In this context, this article examines the nature of private ombudsman institution and its changing position in administrative justice by using Australian telecommunications industry self-regulation agency, the Telecommunications Industry Ombudsman (TIO) as a case study. This article established a key claim that the TIO is substituting for courts with respect to consumer matters within its service sector. Stemming from this claim, this article further argued that the current TIO scheme presents a situation where sectorial ombudsman may provide different rights and remedies from those may available in courts; consistency in decision-making by private ombudsman can be problematic; and fair procedure requirements remain to be tested by the courts. In conclusion, this article suggested that private ombudsman institution, like the TIO, should subject to regular review, and as a starting point of this process, authoritative and standardised quality control assurance mechanisms should be established to ensure that complaints could be effectively received and handled.

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Li, Grace. "Conceptualising the Australian telecommunications industry self-regulation scheme in the context of Australian judicial system and administrative justice." Journal of Telecommunications and the Digital Economy 4, no. 3 (September 26, 2016): 21–43. http://dx.doi.org/10.18080/jtde.v4n3.57.

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The public ombudsman plays an irreplaceable role as an important redress mechanism for individual grievance and as a “watch dog” to administrative justice. The emergence of private ombudsman institution in 1980s has brought some significant controversies. Despite the fact that many of the early controversies have not been sufficiently addressed, private ombudsman institution has proliferated in the recent years. In this context, this article examines the nature of private ombudsman institution and its changing position in administrative justice by using Australian telecommunications industry self-regulation agency, the Telecommunications Industry Ombudsman (TIO) as a case study. This article established a key claim that the TIO is substituting for courts with respect to consumer matters within its service sector. Stemming from this claim, this article further argued that the current TIO scheme presents a situation where sectorial ombudsman may provide different rights and remedies from those may available in courts; consistency in decision-making by private ombudsman can be problematic; and fair procedure requirements remain to be tested by the courts. In conclusion, this article suggested that private ombudsman institution, like the TIO, should subject to regular review, and as a starting point of this process, authoritative and standardised quality control assurance mechanisms should be established to ensure that complaints could be effectively received and handled.

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12

Fuad, Achmad Nur, and Dewi Erowati. "Pengawasan Ombudsman Republik Indonesia Perwakilan Jawa Tengah terhadap Maladministrasi Pungutan Liar Program Nasional Agraria di Kabupaten Kudus Tahun 2017." JPW (Jurnal Politik Walisongo) 2, no. 2 (October 31, 2020): 101–13. http://dx.doi.org/10.21580/jpw.v2i2.3707.

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A land certificate is an important document that shows proof of someone's ownership and rights to land. The complete systematic land registration program offers to people to make land certificates at a low cost. However, in its implementation there were many problems and irregularities encountered, especially the high collection of costs to the community. In 2017, Kudus Regency became one of the cities with the largest Prona certificate quota and there were often many problems in the implementation of Prona. Ombudsman Republik Indonesia is present as an institution that functions to oversee and resolve public service problems that occur in the community. Ombudsman Republik Indonesia Perwakilan Jawa Tengah as the representative of the central Ombudsman supervised and tries to resolve the problems that occurred during the implementation of Prona in Kudus Regency. This study uses qualitative research methods with a case study approach. The purpose of using this method is to dig up data and information accurately and specifically, so that the data and information produced is complete and in-depth. Data collection techniques used were interviews with eight informants, literature review and review of documents relating to the supervision of the Ombudsman Republik Indonesia. The results of this study indicate that the supervision carried out by Ombudsman Republik Indonesia Perwakilan Jawa Tengah in supervising Prona in Kudus Regency was in accordance with its functions, duties, and authority. Supervision carried out by the Ombudsman Republik Indonesia Perwakilan Jawa Tengah is to conduct an investigation of its own initiative, conduct preventive supervision and cooperate with other law enforcement agencies. Ombudsman Republik Indonesia Perwakilan Jawa Tengah tries to resolve the Prona problem reported by the public and Ombudsman Republik Indonesia Perwakilan Jawa Tengah also sent suggestions for improvements to stakeholders to prevent problems from recurring. The thing that was lacking in the supervision was Ombudsman Republik Indonesia Perwakilan Jawa Tengah did not involve the community in supervising Prona in Kudus Regency.

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13

Kirkham, Richard. "Judicial review, litigation effects and the ombudsman." Journal of Social Welfare and Family Law 40, no. 1 (January 2, 2018): 110–25. http://dx.doi.org/10.1080/09649069.2017.1415244.

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14

Neuhold, Christine, and Andreea Năstase. "Transparency Watchdog: Guarding the Law and Independent from Politics? The Relationship between the European Ombudsman and the European Parliament." Politics and Governance 5, no. 3 (September 25, 2017): 40–50. http://dx.doi.org/10.17645/pag.v5i3.958.

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This article investigates whether the European Ombudsman acts as an ‘independent’ institution vis-à-vis the European Parliament (EP). This is a relevant question because while the Ombudsman is appointed by and reports to the EP, it can also conduct inquiries into the work of the EP, in instances of alleged maladministration. Based on the empirical examination of all decisions following an inquiry by the Ombudsman in cases against the EP for an eleven-year period (2004–2015), plus the review of two recent landmark own-initiative inquiries, we inductively construct three roles played by the Ombudsman in relation to the EP, namely: ‘arbitrator’, ‘transparency watchdog’, and ‘vessel for civil society concerns’. These roles are used to operationalize the concept of independence. We conclude that the Ombudsman acts independently and is not a mere auxiliary organ of the European legislature. This is most apparent in the ‘transparency watchdog’ role, where the European Ombudsman has ensured the release of information empowering citizens to hold the Parliament accountable, or—failing that—has stimulated debate concerning such information (for instance, on the MEPs’ financial allowances) both within the Parliament itself and in the wider public domain.

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15

de Leeuw, Magdalena Elisabeth. "The European Ombudsmans Role as a Developer of Norms of Good Administration." European Public Law 17, Issue 2 (June 1, 2011): 349–68. http://dx.doi.org/10.54648/euro2011024.

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European Ombudsman, the principle of good administration, norm development, European Code of Good Administrative Behaviour, ethics. This article analyses and discusses the role of the European Ombudsman (EO) as a developer of norms of good administration. Empirical research conducted by the applicant reveals that the EO is actively creating norms of good administration in his decisions on individual complaints. In this article, the normative view will be advanced that the EO has his own task and responsibility in respect of the review of administrative behaviour, which is different from the task and responsibility of the Court. Administrative bodies do not only have to act lawfully but also in accordance with the principle of good administration. In the author's view, the EO has his own responsibility in autonomously developing the ethical standard of good administration and developing norms of good administration and to review administrative behaviour for compliance with that standard. However, not everybody shares the view that the Ombudsman should do something else than the Court. Moreover, objections have been raised against standard-setting activities by the Ombudsman, questioning his democratic credentials and maturity. If the Ombudsman embraces the new view in respect of his role as a creator of norms of good administration, he would have to adapt his current mode of operation in a number of respects.

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Gill, Chris. "Book review: The Ombudsman Enterprise and Administrative Justice." Social & Legal Studies 21, no. 1 (March 2012): 135–38. http://dx.doi.org/10.1177/096466391102100101.

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Collier, R. "Military ombudsman to again review mental health services." Canadian Medical Association Journal 182, no. 8 (March 29, 2010): E321—E322. http://dx.doi.org/10.1503/cmaj.109-3202.

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18

Bonnor, Peter. "Ombudsmen and the Development of Public Law." European Public Law 9, Issue 2 (June 1, 2003): 237–67. http://dx.doi.org/10.54648/euro2003018.

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The article is an inquiry into the legal source-function of ombudsmen, i.e. ombudsmen's contribution to the development of public law, and their role as legal reference sources. This legal source-function is potentially one of the most important aspects of ombudsmanship. This is demonstrated through a comparative study of two well-established and sophisticated European ombudsman systems which are very different and which operate in very different legal contexts, those in Denmark and Sweden. The relevance of the issue analyzed here is based on two observations: first, although ombudsmen belong to the European constitutional tradition, there is not yet a common understanding of the ombudsmen's main functions, nor a common pattern of response to their work. Secondly, the issue is very topical due to recent European developments on rules of `good administration', which reached a high point when a right to good administration was included in the EU Charter on Fundamental Rights. The article briefly explores the historical roots of the ombudsmen considered in this article, and explains how internal and external factors have given rise to their legal source-function. Three review fields demonstrate the law-developing function of the ombudsmen: general principles of law, discretionary powers and constitutional principles. The article also analyses the express and actual responses to the ombudsmen's legal source-function by courts, the legal literature and the drafters of preparatory works.

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Usta, Sefa, and Abdulvahap Akıncı. "The Ombudsman Institution as a mechanism of accountability in public administration: The case of GermanyKamu yönetiminde hesap verebilirlik mekanizması olarak Ombudsmanlık Kurumu: Almanya örneği." Journal of Human Sciences 13, no. 2 (June 6, 2016): 2735. http://dx.doi.org/10.14687/jhs.v13i2.3836.

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In the formation of a transparent and accountable public administration system and an understanding of administration, such institutions like the Ombudsman have important functions. The Ombudsman Institution, which undertakes an effective role in the solution of the problems experienced between the state and the citizen, has important responsibilities to institutionalize human rights and democratization, reduce the bad administration practices and most importantly, make the accountability mechanism the built-in in public administration. The Ombudsman Institution, which has been formed with different names in many countries in the world, has been established in Germany with the name of “the Defense Ombudsman,” and it carries out its activities under this framework.The main objective of the study is to examine the Ombudsman Institution as an extension of accountability mechanism in public administration and to asses “the Defense Ombudsman Institution”, which operates in Germany. Under the study prepared for this purpose, it is treated the concept of accountability in public administration with its general terms and examined the Ombudsman Institution, departing from the case of Germany. The study is terminated with an overview and a chapter of conclusion.In the study, it has been benefited from the scientific methods of descriptive analysis and critical review of the literature and set out from the secondary sources written about the subject and the primary sources like constitutional and legal regulations that are the basis of the Ombudsman Institution in Germany. ÖzetŞeffaf ve hesap verebilir bir kamu yönetimi sisteminin ve yönetim anlayışının oluşumunda Ombudsmanlık benzeri kurumlara önemli işlevler düşmektedir. Devlet ve vatandaş arasında yaşanan sorunların çözümü noktasında etkili bir rol üstlenen ombudsmanlık kurumuna, insan haklarının ve demokratikleşmenin kurumsallaşmasında, kötü yönetim uygulamalarının azaltılmasında ve en önemlisi kamu yönetiminde hesap verebilirlik mekanizmasının yerleşik hale gelmesinde önemli sorumluluklar düşmektedir. Dünyada birçok ülkede farklı adlarla oluşturulmuş olan Ombudsmanlık Kurumu, Almanya'da Savunma Ombudsmanlığı ismiyle kurulmuş ve faaliyetlerini yürütmektedir.Çalışmanın temel amacı, kamu yönetiminde hesap verebilirlik mekanizmasının bir uzantısı olarak Ombudsmanlık kurumunun incelenerek, Almanya'da faaliyet gösteren "Savunma Ombudsmanlığı Kurumu"nun değerlendirmeye tabi tutulmasıdır. Bu amaç doğrultusunda hazırlanan çalışma kapsamında, kamu yönetiminde hesap verebilirlik kavramı genel hatlarıyla ele alınmakta, Ombudsmanlık Kurumu Almanya örneğinden hareketle irdelenmektedir. Çalışma genel bir değerlendirme ve sonuç kısmıyla nihayetlendirilmektedir.Bu kapsamda hazırlanan çalışmada, betimsel analiz yönteminden ve eleştirel literatür taramasından yararlanılmış, konu ile ilgili yazılmış ikinci kaynaklardan ve Almanya'da Ombudsmanlık Kurumu'nun dayanağı olan anayasal ve yasal düzenlemeler gibi birincil kaynaklardan faydalanılmıştır.

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Muhammad, Shafi, and Nishad V. H. "Developing Quality Management Measures In Print and Visual Media: Challenges Ahead." Global Journal of Business and Social Science Review (GJBSSR) Vol. 1(4) 2013 1, no. 4 (October 20, 2013): 40–47. http://dx.doi.org/10.35609/gjbssr.2013.1.4(6).

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Objective - The study aims to explore the opportunities of quality measurement concepts in print and visual media. Methodology/Technique - The study focuses the key issues and concerns related to quality dilution and total quality damage of news and information. Findings - The primary issues are identified as agenda setting, framing, lobbying, politicization, paid news syndrome and absence of code of ethics and value based professional education. Novelty - The study describes the importance of quality measurement standards, and standardization, role of ombudsman, positive news framing and agenda setting, citizen journalism etc. Type of Paper: Review Keywords : News quality, agenda setting, framing, lobbying, politicization, paid news, code of ethics, ombudsman

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Nivarthi, Sarangapani, Ali Quazi, Abu Saleh, and Tony Tucker. "A Critical Review of Global Ombudsman System: A CSR Perspective." World Journal of Management 6, no. 1 (March 2015): 48–57. http://dx.doi.org/10.21102/wjm.2015.03.61.05.

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Kleebauer, Alistair. "Ombudsman review reveals ‘significant variation’ in quality of NHS investigations." Nursing Standard 29, no. 23 (February 9, 2015): 0. http://dx.doi.org/10.7748/ns.29.23.0.2923991.

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Rogers, Cathy. "The report from the Health Service Ombudsman: Time for review?" British Journal of Midwifery 22, no. 1 (January 2014): 56–57. http://dx.doi.org/10.12968/bjom.2014.22.1.56.

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Elliott, Mark. "THE GOVERNMENT VERSUS THE OMBUDSMAN: WHAT ROLE FOR JUDICIAL REVIEW?" Cambridge Law Journal 69, no. 1 (March 2010): 1–3. http://dx.doi.org/10.1017/s0008197310000012.

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Vosburg, William W. "The Ombudsmen in New Zealand by Bryan Gilling." Victoria University of Wellington Law Review 31, no. 4 (November 1, 2000): 905. http://dx.doi.org/10.26686/vuwlr.v31i4.5928.

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This article is a book review of Bryan Gilling The Ombudsman in New Zealand (Dunmore Press in association with the Historical Branch, Department of Internal Affairs, Palmerston North, 1998) (190 pages, $29.95). Gilling's book provides an important account of the evolution of the New Zealand ombudsman providing an accessible and careful analysis of its first thirty years, which contained periods of both government stability as well as radical changes in the government's structure, the economy, the class structure, the status of minority groups and foreign relations. Vosburgh states that the book stands as a study of institutionalism and evolution of government structures, and praises Gilling for containing a comprehensive account with a compact and sharp focus.

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Grigoriev, I. S. "Helpers of the Court: Russian Constitutional Court and Ombudsman." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 104, no. 1 (March 28, 2022): 92–109. http://dx.doi.org/10.30570/2078-5089-2022-104-1-92-109.

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In most countries, the main task of the constitutional court is to review compliance with the constitution. The basic method to perform this task is the elimination of violations upon an external request: after the court receives from applicants information about such violations in the form of claims or requests, it assesses the validity of such claim/requests and makes a decision on the particular issue that was brought up by an applicant, thereby restoring the constitutional order within the legal sphere in question. It is clear that one properly functioning court does not suffice for the successful realization of such a review model. One needs the coherent ecosystem of court helpers, who would collect relevant information about violations and supply it to judges — practically like raw materials, without which judicial control is impossible. The article analyzes the relationship of the Russian Constitutional Court with a specific type of such helpers — the Ombudsman. Based on the quantitative analysis of the database of the decisions of the Constitutional Court, the author traces the evolution of these relations over the time period from 1999 to the present day and attempts to identify the reasons why, despite the growing “friendliness” of the Constitutional Court towards the Ombudsman, the role of the latter in the judicial review is declining.

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Suvarna, Harinakshi, and Narayan Kayarkatte. "A critical review of performance of banking ombudsman scheme in India." Asian Journal of Research in Banking and Finance 11, no. 8 (2021): 1–10. http://dx.doi.org/10.5958/2249-7323.2021.00013.4.

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Armstrong, J. Scott. "The Ombudsman: Research on Forecasting: A Quarter-Century Review, 1960–1984." Interfaces 16, no. 1 (February 1986): 89–109. http://dx.doi.org/10.1287/inte.16.1.89.

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Jacquart, Philippe, and J. Scott Armstrong. "The Ombudsman: Are Top Executives Paid Enough? An Evidence-Based Review." Interfaces 43, no. 6 (December 2013): 580–89. http://dx.doi.org/10.1287/inte.2013.0705.

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30

No authorship indicated. "Review of A Voice for Children: Speaking Out as Their Ombudsman." Contemporary Psychology: A Journal of Reviews 37, no. 7 (July 1992): 721. http://dx.doi.org/10.1037/032405.

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31

Sripati, Vijayashri. "The Ombudsman, Good Governance, and the International Human Rights System (review)." Human Rights Quarterly 27, no. 3 (2005): 1137–42. http://dx.doi.org/10.1353/hrq.2005.0043.

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Беляцкая, Анна Михайловна. "Specific Features of Interaction Between Human Rights Ombudsman of Russia, Supreme Court and Constitutional Court of Russia." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2020): 61–64. http://dx.doi.org/10.26163/gief.2020.34.71.008.

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В данной статье проводится анализ некоторых аспектов взаимодействия Уполномоченного по правам человека России (далее - Уполномоченный) с Верховным Судом и Конституционным Судом России (далее - ВС РФ и КС РФ). Автор исследует возможность рассмотрения заключений Уполномоченного по правам человека в качестве обстоятельства, дающего основание для пересмотра дела в судах общей юрисдикции. Также автор рассматривает процедуру подачи запросов о проведении индивидуального (персонифицированного) и абстрактного нормоконтроля Конституционным Судом России и возможность их инициации со стороны Уполномоченного по правам человека. The article provides analysis of some aspects of interaction between Russian Human Rights Ombudsman, the Supreme Court and the Constitutional Court of Russia. The author examines possibility of considering Human Rights Ombudsman opinions to be prerequisite giving grounds for a new trial in courts of general jurisdiction. The author also discusses the procedure of submitting requests for undertaking individual (personalized) and abstract review of norms by the Constitutional Court of Russia as well as the possibility of initiating whereof by the Human Rights Omdudsman.

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Yusuf Adan, Hasanuddin, Zaiyad Zubaidi, and Muhammad Iqbal Rahman. "Pengawasan Mal Administrasi oleh Ombudsman Aceh terhadap Pelayanan Publik atau Pelayanan Kemasyarakatan pada BPBD Bireuen." Tasyri' : Journal of Islamic Law 1, no. 2 (July 10, 2022): 293–318. http://dx.doi.org/10.53038/tsyr.v1i2.36.

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The implementation of a clean and effective government aspired to by the community, public services and law enforcement are two inseparable aspects of efforts to create a democratic government that aims to improve people's welfare, justice, legal certainty, clean and transparent government (clean government and good governance). governance). In fact, there are still many maladministration carried out by public services. The formulation of the problem in this research is how is the Islamic perspective related to supervision and how is the process of public supervision and what factors are the obstacles experienced by the Aceh Ombudsman. This type of research is classified as field research, which is descriptive in nature, namely research that describes and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadith, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the study, it can be concluded that there is maladministration in Bireuen Regency regarding the misuse of public service facilities in the field of BPBD damkar, so that the Ombudsman conducts an investigation of the service. Fiqh Siyasah's review of the supervision carried out by the Ombudsman does not conflict with the Shari'a, but the supervised service is not responsible for its service to the needs of the community.

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Palankiewicz-Mitrut, Emilia. "The child and the protection of his rights in the Romanian legal system." Problemy Opiekuńczo-Wychowawcze 595, no. 10 (December 31, 2020): 15–27. http://dx.doi.org/10.5604/01.3001.0014.5970.

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The aim of the article is to present the circumstances of the establishment of the National Agency for Child Protection and Adoption (Autoritatea Nationala Pentru Protectia Copilului Si Adoptie) and the Deputy Ombudsman dealing with children's matters (Avocatul Copilului, an agency that was established by the Act of January 2018 and is the equivalent of the Ombudsman for Children) as well as to refer to the acts specifying the competences and scope of activity of both institutions. The article analyses legal acts (documents of international law and provisions of national law) and reports sent by the UN Committee on the Rights of the Child (CRC) to the Romanian side, which contributed to the establishment of institutions dealing with children's matters in Romania. The conclusions of the review of the child protection legislation in Romania show that the country has made great progress in the care of children and the respect for their rights in recent years. Romania began to be perceived as a country that takes into account the needs of the youngest citizens, which is manifested not only by the establishment of the institution of the Ombudsman for Children or the National Agency for Child Protection and Adoption, but also by many other activities aimed at supporting children. These include the international conference "Child Participation in Decision-Making and Policy Development at EU Level" organized in Bucharest in May 2019, during which the Bucharest a Declaration on Child Participation in Decision-Making at National and EU Levels was adopted.

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Singh, Rajdeep. "PERFORMANCE REVIEW OF BANKING OMBUDSMAN SCHEME: AN EFFECTIVE TOOL TO EMPOWER BANK’S CUSTOMERS." International Journal of Research -GRANTHAALAYAH 4, no. 6 (June 30, 2016): 92–99. http://dx.doi.org/10.29121/granthaalayah.v4.i6.2016.2642.

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The purpose of introducing the New Economic Policy 1991 was to bring in increased effectiveness and efficiency in the service quality by bringing about more privatization and globalization. The introduction of the New Economic Policy led to an increase in the number of service providers in different sectors including the banking sector. Therefore there was enhanced need of safeguarding the interests of the customers in this sector. In order to ensure proper and high quality and proper service quality to banking customers a major initiative was undertaken by the RBI in the year 1995. This much needed initiative was the introduction of The Banking Ombudsman Scheme (BOS) in the year 1995. A revision of the scheme was done in the year 2006 to make it more effective. The present study is an endeavor to review the performance of the scheme from 2010-2015.

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Jnnssen, Jos. "Recent Developments on Access to Environmental Information: Transparency in Decision-Making." European Energy and Environmental Law Review 7, Issue 10 (October 1, 1998): 268–76. http://dx.doi.org/10.54648/eelr1998043.

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Directive 90/313 on access to information relating to the environment and The Code of Conduct on Public Access to Council and Commission documents - aims and structure; scope; procedures; exceptions; administrative and judicial review; comparison between the Directive and the Code of Conduct; interpretation by the Court of First Instance and the European Court of Justice; the adoption of similar rules by other institutions following an owninitiative inquiry by the European Ombudsman.

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Svendsen, Mathias Rose. "Constitutional Limitations on the Competence to Entrust the Exercise of Authority to Private Entities." European Constitutional Law Review 13, no. 04 (December 2017): 704–23. http://dx.doi.org/10.1017/s1574019617000323.

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Danish constitutional limitations – Entrusting executive power to private entities – Executive power involving coercive measures – A previous assumption – Use of physical force – Private prisons – Constitutional interpretation – Binding constitutional assumptions – Substantive limitations – Organisational limitations – External delegation under Danish administrative law – American constitutional law – Private entities’ fundamental self-interest – Conflicts of interest – Pecuniary or other personal interest – Healthcare legislation – The ministerial system – Democratic and legal liability – Judicial review – Ombudsman supervision – Constitutional organisation of state – The bulk of state executive power – Citizens’ constitutional rights and freedoms

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Hardy, Tess, and John Howe. "Too Soft Or Too Severe? Enforceable Undertakings and the Regulatory Dilemma Facing the Fair Work Ombudsman." Federal Law Review 41, no. 1 (March 2013): 1–33. http://dx.doi.org/10.22145/flr.41.1.1.

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This article reports on the use of enforceable undertakings by the Australian employment standards enforcement agency, the Office of the Fair Work Ombudsman (FWO), and its predecessor, the Workplace Ombudsman. Enforceable undertakings are used by the FWO as an alternative enforcement tool to court litigation in relation to breaches of the Fair Work Act 2009 (Cth), which regulates wages, working hours and other minimum employment conditions. Proponents of enforceable undertakings argue that they deliver value to regulatory agencies as a responsive alternative to traditional, punitive enforcement action. On the other hand, critics have raised concerns about the accountability and effectiveness of this enforcement tool. The authors provide a critical analysis of the FWO's use of enforceable undertakings, including consideration of the decision-making process, content, monitoring and enforcement of undertakings. The analysis is based on a review of all enforceable undertakings concluded in the period from 1 July 2008 to 30 June 2012, as well as qualitative interviews with approximately 60 inspectors, managers and lawyers of the FWO, and a number of specialist workplace relations lawyers. The article reveals that the FWO has made limited but promising use of enforceable undertakings in the review period. Through deployment of enforceable undertakings, the FWO has demonstrated that it has a mix of regulatory approaches available to it that are consistent with the key principles of responsive regulation. The number of enforceable undertakings accepted by the FWO, however, remains fairly limited. We set out a number of ways in which the regulator may maximise the utilisation of enforceable undertakings, and more fully realise the regulatory benefits of this particular compliance tool.

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Carney, Terry. "Robo-debt illegality: The seven veils of failed guarantees of the rule of law?" Alternative Law Journal 44, no. 1 (December 17, 2018): 4–10. http://dx.doi.org/10.1177/1037969x18815913.

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This article asks how rule of law institutions failed to ‘bell the cat’ on the illegality of Centrelink's robo-debt programme and its unethical character. It identifies serious structural deficiencies in the design of accountability and remedial avenues at seven different levels. It argues for adherence to Administrative Review Council guidelines on machine learning, Parliamentary accounting of Ombudsman and Audit agencies on rule of law foundations and model litigant protocols, attention to ethical administration, redacted publication of selected first tier Administrative Appeals Tribunal rulings, contractual guarantees of independence in legal aid/advocacy funding, building of pro bono advocacy partnerships, and cultural change designed to counter stigmatisation of the vulnerable.

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Weeks, Greg. "The use and Enforcement of Soft Law by Australian Public Authorities." Federal Law Review 42, no. 1 (March 2014): 1–37. http://dx.doi.org/10.22145/flr.42.1.8.

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Soft law is a pervasive phenomenon which is highly effective as a means of regulation in Australia, as it is in many other jurisdictions. This article will not focus on the regulatory aspects of soft law, but will examine the capacity of individuals to obtain remedies where public authorities fail to adhere to the terms of their published soft law. The available judicial remedies apply in very limited circumstances, both in private law actions (in tort or equity) and public law (judicial review) actions. Ultimately, the most effective ways to remedy breaches of soft law appear also to be ‘soft’, such as recommendations of the Ombudsman and discretionary schemes for ex gratia payments.

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Asiryan, Syuzanna, and Maryna Kakhnova. "The role of the European Ombudsman in protecting the rights and freedoms of EU citizens: analytical review." Entrepreneurship, Economy and Law, no. 1 (2021): 260–64. http://dx.doi.org/10.32849/2663-5313/2021.1.44.

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Davis, Julian. "Judicial Review of the Financial Ombudsman Service: Permission to Proceed and the Availability of an Alternative Remedy." Judicial Review 15, no. 3 (September 2010): 263–66. http://dx.doi.org/10.5235/108546810793129358.

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Novira, Rahmadian, and I. Gusti Ayu Putri Kartika. "UPAYA ATAS KEPUTUSAN FIKTIF POSITIF PEJABAT TATA USAHA NEGARA PASCA JUDICIAL REVIEW UNDANG-UNDANG CIPTA KERJA." Kertha Semaya : Journal Ilmu Hukum 10, no. 9 (July 18, 2022): 2077. http://dx.doi.org/10.24843/ks.2022.v10.i09.p10.

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Studi ini bertujuan mengidentifikasi kepastian hukum keputusan fiktif positif (Pasal 53 UU Administrasi Pemerintahan Pasca judicial review UU Cipta Kerja) dan bentuk sarana perlindungan hukum yang dapat digunakan masyarakat apabila tidak diterbitkannya keputusan terhadap permohonan yang dianggap dikabulkan (fiktif positif) pasca judicial review UU Cipta Kerja. Studi ini memakai metode penelitian hukum normatif, pendekatan peraturan perundang-undangan dan konseptual. Hasil dari studi (1) Terhadap Pasal 53 UUAP pasca Putusan Mahkamah Konstitusi atas UU Cipta Kerja terdapat kekosongan hukum yang menimbulkan ketidakpastian hukum kepada masyarakat dan berpotensi menimbulkan kesewenang-wenangan pemerintah atas masyarakat, karena semakin singkatnya waktu memproses permohonan yang berpotensi terdapatnya keputusan yang diterbitkan dengan tergesa-gesa dan tidak cermat, tidak diatur mekanisme untuk mendapatkan keputusan dan/atau tindakan atas fiktif positif, tidak ada aturan pelaksana yang sudah diperintahkan, serta tidak ada lagi lembaga independen yang mampu memaksa dan memberikan jaminan agar badan dan/atau pejabat pemerintah menetapkan keputusan atau melaksanakan tindakan atas fiktif positif. (2) Sarana Perlindungan hukum yang dapat dilakukan masyarakat untuk mendapatkan penyelesaian jika terjadi fiktif positif yaitu melakukan pengaduan secara tertulis kepada penyelenggara pelayanan publik dan Lembaga Ombudsman. This Study, intends to identifies the legal certainty of positive fictitious (Article 53 Government Administration Act after enactment of Cipta Kerja Act) and the kind of legal protection facilities that can be used by the public if a decision is not issued on an application deemed granted (positive fictitious) after enactment of Cipta Kerja Act. This study uses normative legal research method with a statutory and conceptual approach. The results of the study is : (1) Towards Article 53 of UUAP after enactment of Cipta Kerja Act and after the Mahkamah Konstitusi decision, there is a legal vacuum that creates legal uncertainty and has potential to cause government arbitrariness over the society, bacause shorter processing time for application may be cause decisions published hastily and carelessly, there is no regulated mechanism for obtaining decisions and/or actions on positive fictitious, there are no regulation that have been ordered by this Act, and there are no longer independent institutions has capable of coercing and providing guarantees that the government will issue a decision or take action upon the positive fictitious. (2) Legal protection facilitie, that can be used by the society to get solution for a positive fictitious is making a written complaint to the public service provider and to the Ombudsman.

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Mi Jin Lee. "Literature Review on the Current Status and Outcomes of Long-Term Care Ombudsman Program in the United States." Korean Journal of Gerontological Social Welfare ll, no. 67 (March 2015): 133–66. http://dx.doi.org/10.21194/kjgsw..67.201503.133.

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Allen, Dominique, and Ingrid Landau. "Major court and tribunal decisions in Australia in 2017." Journal of Industrial Relations 60, no. 3 (April 20, 2018): 397–413. http://dx.doi.org/10.1177/0022185618759746.

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This annual survey of significant court and tribunal decisions in Australia in 2017 covers changes to the award safety net implemented through the 4-yearly review, including in relation to penalty rates and casual employment. It outlines developments in collective bargaining, focusing on agreement-making, protected industrial action, the good faith bargaining provisions and the rise in successful applications by employers for termination of agreements. A Queensland decision considering community pickets and the interaction between state peaceful assembly legislation and the Fair Work Act is also noted. Decisions on workplace discrimination show that the courts are still grappling with Fair Work Act provisions in this area, and taking divergent approaches. The survey also discusses a successful accessorial liability action taken by the Fair Work Ombudsman, which is significant for both internal and external business advisors.

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Martini, Martini, and Efridani Lubis. "Pemanfaatan Hak Guna Usaha untuk Pariwisata dalam Rangka Peningkatan Kesejahteraan Masyarakat di Pulau Pari Kepulauan Seribu DKI Jakarta." VERITAS 7, no. 2 (September 1, 2021): 24–36. http://dx.doi.org/10.34005/veritas.v7i2.1581.

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Abstrak Pulau Pari Bersama-sama dengan pulau-pulau di sekitarnya menyediakan berbagai fasilitas wisata alam dan bahari. Berdasarkan Keputusan Gubernur DKI tahun 1991, yang menetapkan fungsi tanah di Pari sudah dibagi yakni 10% untuk penelitian, 50% untuk kawasan wisata, serta 40% untuk pemukiman. Namun berbeda dengan pulau lainnya, pada umumnya hak atas tanah di Pulau Pari adalah tanah girik yang menurut penelitian sebelumnya telah beralih ke pihak ketiga tanpa sepengetahuan pemegang girik melalui jual beli secara resmi melalui kelurahan. Ombudsman telah melakukan pemeriksaan terhadap kasus ini berdasrkan permohonan warga dan menemukan adanya tindak mal-administrasi yang dilakukan Kantor Pertanahan Jakarta Utara dalam menerbitkan 62 SHM dan 14 SHGB atas nama PT Bumi Pari Asri di Pulau Pari. Oleh karena itu, perlu diteliti bagaimana hak-hak masyarakat setempat terhadap penyelenggaraan kegiatan pariwisata dimaksud berikut mekanisme pengembangan lebih lanjut. Penelitian ini dilakukan dengan menggunakan metode kualitatif dengan pendekatan yuridis normatif adalah pendekatan dengan mengutamakan dan berdasarkan bahan hukum utama dengan cara menelaah teori-teori, konsep-konsep, asas-asas hukum serta peraturan perundang-undangan, termasuk hasil putusan pengadilan yang berhubungan dengan penelitian ini ditunjang dengan observasi dan wawancara. Tujuan penelitian ini untuk mengetahui pengaturan dan perlindungan masyarakat di Pulau Pari Kepulauan Seribu dalam mengembangkan aspek wisata di wilayah tersebut untuk kesejahteraan masyarakat setempat. Abstract Pari Island as one of island in Pulau Seribu (Thousand Island) strategic for natural tourism or ecotourism and marine tourism with many supporting facilities. Based on Keputusan Gubernur (Governor Degree) Jakarta District in 1991 regulates that land in Pari Island has been divided into 3 categories, i.e., 10% for research, 50% for tourism, and 40% for housing. The difference with other lands around though, most of land on Pari Island is girik (customary system) that according to previous research transferred to third parties without resident’s consent under legal purchasing system made by local official. In this sense, Ombudsman has evaluated respond to resident application. The institute found mal-administration conducted by North Jakarta Land Office in verified 62 ownership certificates and 14 building right certificates in Pari Island on behalf of PT Bumi Pari Asri. Therefore, it is necessary to study the impact of the policies to tourism activities along with mechanism to develop further. This research conducted using qualitative method with legal normative approach that approach prioritized main legal documents through theories, concepts, and legal principles review along with related regulations including court decisions supported by observation and interview approach using SWOT. The result shows Ownership and Building Rights could be benefit for the residents only if the rights returned to its function according to regulations used Ombudsman decision.

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Лидия, Терехова. "Возбуждение должностными лицами производства в суде третьей инстанции." Teisė 80 (January 1, 2011): 214–21. http://dx.doi.org/10.15388/teise.2011.0.161.

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Одна из причин, по которым надзорное производство не признается Европейским Судом по правам человека эффективным внутригосударственным средством защиты, – возможность возбуждения производства должностными лицами, не являющимися стороной в деле. Действующим законодательством возможность возбуждать надзорное производство сохранена за прокурором, Председателем Верховного Суда РФ и Уполномоченным по правам человека. В статье анализируется, как и почему сохранены эти возможности.One of the reasons why supervisory review is not considered by the European Court of Human Rights as an efficient instrument of domestic protection, is the possibility of action institution by officials, who are not a party in a trial. According to civil procedural law currently in force, public prosecutors, the Chairman of the RF Supreme Court, Ombudsman in the RF keep the right to institute reconsideration of a case taken into force. Let us consider consequently in what way are the possibilities kept.

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Engwall, Kristina. "How disability is conceptualized in individual discrimination complaints." International Journal of Discrimination and the Law 16, no. 4 (December 2016): 214–27. http://dx.doi.org/10.1177/1358229116682114.

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This article studies how disabilities are conceptualized and used by citizens when they report perceived discrimination associated with disability in Sweden. A review of all 485 disability-related complaints filed with the Equality Ombudsman in 2012 shows how disabilities are conceptualized on three different themes. The first involves environmental obstacles that include references to deficiencies regarding human rights as well as material deficiencies. The second involves diagnoses and incapacity by using medical language citing medical certificates. The third involves those complaints that cite multiple discriminatory grounds, of which disability is one. These individual interpretations of disability show how citizens justify their belonging to the category of disabled people. The variations of the concept of disability can be viewed as a pragmatic way of relating to disability, suggesting the possibility of assuming different positions in different situations, where the context determines what is most suitable.

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Roque, Ana, and José Figueiredo. "Corporate Codes of Ethics - The How Factor." Harvard Deusto Business Research 10, no. 1 (May 29, 2021): 156–75. http://dx.doi.org/10.48132/hdbr.341.

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Although recognized as a key factor for its effectiveness, the adopted process for the development of a global corporate code of ethics, is one of the least documented aspects by Academia. The code is often created at central level and then sent for adoption and implementation to the different branches within the organisation, and the fact that they are not involved in the development process, frequently elicits resistance and compromises effectiveness. This was initially the case with the company of this study, where it was found that business units from different geographical locations had gradually made adaptations to the original code of the Group, which no longer remained the same across countries, neither in text nor in form, which led to the code review. Developed through an action-research methodology, this case study describes the review process which included 30 people from all the Group companies. All defined goals have been achieved. The different companies’ representatives consider that the participatory methodology was a key-factor to the general acceptance of the produced document. Three years after the code release, its efficacy was also evaluated with the Ethics Ombudsman who presented possible success indicators.

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Muntingh, Lukas. "Modest beginnings, high hopes: The Western Cape Police Ombudsman." South African Crime Quarterly, no. 64 (June 29, 2018): 17–28. http://dx.doi.org/10.17159/2413-3108/2018/v0n64a4884.

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In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police–community relations. The Ombudsman must also be seen against the backdrop of poor police–community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman’s first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements.

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Journal articles on the topic 'Ombudsman review'

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