Suchergebnisse

Commissioned by the International Ombudsman Institute (IOI), the Ludwig Boltzmann Institute of Human Rights (BIM) in Vienna conducted a comparative analytical study on Ombudsman Institutions in the Australasia and Pacific region between January 2011 and April 2012. In Part 1, this book provides an analytical comparison of the public sector Ombudsman Institutions in Australia (the Commonwealth Ombudsman and the state/territory Ombudsmen of all Australian states as well as of the Northern Territory and the ACT), the Cook Islands, Hong Kong, New Zealand, Papua New Guinea, Samoa, Taiwan, Tonga and Vanuatu. In addition to a comparative analysis showing the partial heterogeneity of the Institutions, a comprehensive overview of common features, and explorations of the specifics and peculiarities of the Institutions, Part 2 presents separate reports on the 16 different jurisdictions featuring their main functions as follows: - Legal basis, legal status and organisation, - Mandate, object of control and standard of control, - Powers, including legal quality and impact of the outcomes of investigative procedures, - Relationship to the administration, the judiciary and the legislator, and - Special characteristics. Part 2 is based on information provided by the Institutions themselves in questionnaires sent out at the outset of the study, an analysis of the respective establishing acts and other relevant laws, and on relevant scientific publications and the Institutions' Annual Reports. The reports also refer to relevant legal provisions and include websites addresses for ease of reference

The ombudsman tradition originated in Sweden in 1809 and has spread throughout the world in less than two hundred years. An ombudsman is a public official that offers people an opportunity to have their complaints heard, evaluated, and investigated by a neutral and independent body, and offers recommendations to the involved parties. The ombudsman plays an important role in strengthening democratic governance, rule of law, and civil society. Article 73 of the Constitution of the Republic of Lithuania establishes that: 'The Seimas controllers shall examine complaints of citizens concerning the abuse of powers by, or bureaucratic intransigence of, State and municipal officials (with the exception of judges). They shall have the right to submit a motion before a court that the guilty officials be dismissed from office. The powers of the Seimas controllers shall be established by law. If necessary, the Seimas shall also establish other institutions of control. Their system and powers shall be established by law.' This means that the Constitution empowers the Seimas (Lithuanian parliament) to establish the Seimas controllers ('Parliamentary Ombudsmen Institution') and other specialized ombudsman institutions. The Law on the Parliamentary Ombudsmen was enacted in 1994. The law provided that the institution is to be composed of five ombudsmen. The specialized ombudsman institutions are the Ombudsman for Equal Opportunities, established in 1999 and the Ombudsman for the Rights of the Child, established in 2000. According to the Law on the Provision of Information to the Public, the institution of the Inspector of Journalist Ethics was established. This institution could be compared to the Media Ombudsman. The Ministry of Economy has initiated deliberations on establishing a business ombudsman. This article analyses the strengths and weakness of the ombudsman institutions in Lithuania and the need for reform in these institutions, focusing on appointment, structure, independence, relations with other state institutions, mandate and authority of the institution and the implementation of its decisions. ; Lietuvos Respublikos Konstitucijos 73 straipsniu remiantis įkurta Seimo kontrolierių institucija. To paties straipsnio trečioje dalyje numatyta suteikti galimybę įstatymų leidėjui sukurti kontrolės institucijų sistemą, tačiau nagrinėjant įsteigtas kontrolierių institucijas akivaizdu, kad sistema nėra sukurta. Pavienės institucijos, nors veikia sėkmingai ir gana efektyviai, vis dėlto neapima visų žmogaus teisių sričių, jų mandatas skirtas nagrinėti skundus, kai kuriose srityse kontrolierių funkcijos yra dubliuojamos, kyla abejonių dėl įstatymų, reglamentuojančių šių institucijų veiklą, konstitucingumo. Nei vienai institucijai nėra priskirta žmogaus teisių padėties stebėjimo, duomenų rinkimo funkcija, kurią efektyviai įgyvendinus būtų didžiulė įtaka valstybės vidaus žmogaus teisių politikai, gerinant įstatymų leidybos procesą, taikant tam tikras prevencines priemones ir t. t. Straipsnyje Lietuvos kontrolierių institucijos analizuojamos besiremiant klasikine ombudsmeno teorija ir tarptautiniais dokumentais, lyginama su kitų valstybių praktika, pateikiami kontrolierių statuso, veiklos, mandato, tarpusavio koordinavimo klausimai, kuriems būtina reforma.

The ombudsman is an independent, nonpartisan third party who assists in grievance resolution. Ombudsmen have traditionally been found in government, but in the 1970s they spread to formal organizations in higher education. health and business. During the 1980s, the principal role of ombudsman. namely mediator, emerged; and apart from ombudsmanship, mediation appears to be playing a more prominent role in conflict resolution now that it did in the seventies. Mediators have become increasingly important in dealing with neighborhood disputes, and divorce mediation has taken the intimate concerns of the family out of the public arena, assigning responsibility to the disputants to work through their own problems. A few states have laws providing for mediation as an alternative to the court system, in child custody disputes, for example. As mediation becomes more widely accepted, professional associations are staking their claim to the role of mediator. The Family Mediation Association draws on members from a variety of disciplines. such as social work. The American Bar Association considers lawyers appropriate mediators in court related programs. In an effort to train professionals in skills of mediation and negotiation, Harvard Law School instituted a workshop on mediation into its curriculum in 1983, and now has a Program on Negotiation

In this collection, contributors describe and assess the performance of the ten ombudsman offices in light of their multiple and evolving functions.

An Ombudsman has been advocated for Australia, but none has been established there, mainly because of opposition from politicians who fear the loss of electoral advantages to be gained from case-work. In New Zealand, the office was instituted in 1962, & has become firmly established. The main features of the New Zealand Act are considered under the headings 'Area of Activity,' 'Discretionary Exclusions,' 'Basis for Intervention,' & 'Remedies,' 'Sanctions,' & 'Procedure.' Under the heading 'The Ombudsman & His Work,' attention is drawn to the personal qualities which have made the first New Zealand Ombudsman, Sir Guy Powles, a success, & the form of his annual reports is described. These reports present a classification which is mainly dept'al, & which emphasizes the % of complaints found justified & unjustified. But the reports also give summary accounts of about 80 cases in each yr, in a manner facilitating juristic analysis of the way in which the Ombudsman discharges his functions. Under the heading 'The Jurisprudence of the Ombudsman,' attention is drawn to legal classifications under which the cases may be arranged, corresponding to general principles of estoppel, promissory estoppel, quasi-estoppel, equity, tort, quasi-tort & quasi contract. HA 4 Res on the SS of the teacher is discussed, re PO, job security, material rewards & soc prestige. According to data gathered from 1,261 R's, the following conclusions are reached: in the opinion of R's, teaching is a secure job with high soc prestige but low material benefits. Moral values society expects teachers to possess were evaluated by comparing a sample of teachers (N=913), including primary Sch teachers, res workers at U's, & a headmaster at a primary Sch, with a sample of 17 other vocations. In PO, diff's are observed in the society's moral requirements for diff professions. Highest requirements were demanded of those whose professions are related to the examination & shaping of HB (eg, judge, teacher); next, those professions related to the care of soc property. In.

Chapter 1 Ombudsman as Global Institution -- Chapter 2 Transnational Governance and Global Diffusion of the Ombudsman Institution -- Chapter 3 Institutional History of the Ombudsman and Chancellor of Justice in Finland -- Chapter 4 The Finnish Parliamentary Ombudsman, the Chancellor of Justice, and Institutional Change -- Chapter 5 European Ombudsman as Supranational Institution of Accountability -- Chapter 6 European Ombudsman and Institutional Change -- Chapter 7 Conclusions.

Conflicts or disputes can happen to anyone and in any relationship. Conflicts ordisputes can be resolved in two ways, namely through litigation institutions (courts) ornon-litigation institutions (outside the court). The complexity of the dispute resolutionprocess through litigation institutions (courts) can make many disputing parties resolveconflicts or disputes in non-litigation institutions. Many of the benefits are obtained whenresolving disputes in non-litigation institutions are win-win solutions. The purpose of thisresearch is to find out the role of the Ombudsman Institution of Yogyakarta Special Regionas a facilitator of dispute resolution of Islamic Finance Institutions and the legal basis usedto resolve Islamic finance institution dispute. The type of research is descriptive qualitative.The method used in this study is descriptive field analysis (field research). The method of datacollection is by conducting interviews, observation, studying the document then analyzedbased on Maslahah Mursalah. The result of this research on the role of the OmbudsmanInstitute in providing solutions to disputes through several reporting processes, investigation, clarification, mediation, and the existence of the process of judging and legal opinion.This is the implementation or manifestation of the concept of Maslahah Mursalah, which ishighly beneficial for many people.

"Proceedings of a conference appraising role and status of the ombudsman in the English-speaking Caribbean. Noted scholars and jurists examine constitutional and political dynamics of the ombudsman in Guyana, Trinidad and Tobago, Jamaica, Barbados, and Saint Lucia. Offers a comparative perspective on those dynamics by providing assessments on Britain, Canada, and Scandinavia. Also explores conceptual aspects of the issue. Includes a short but useful bibliography on the ombudsman in the Caribbean"--Handbook of Latin American Studies, v. 57