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The European Ombudsman System Research

Posted on:2013-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2246330362469189Subject:International law
Abstract/Summary:PDF Full Text Request
The institution of the ombudsman originated and is prosperous in Scandinavia, wherethe appointment of an Ombudsman by the Parliament or Lawmaker was based on aconstitution or law. The Ombudsman performed his duties with completeindependence in the general interest of the citizens. He could receive themaladministration complaints from the citizens and make the inquiries andinvestigation. The Ombudsman shall provide the recommendations and criticalremarks to the institution concerned the maladministration and report to theParliament and the public.According to the Maastricht Treaty on European Union, the European Ombudsmanwas formally established in1992. Although the World Health Organizaiton(WHO),the International Monetary Fund(IMF) and the United Nations(UN) had their ownombudsmen before that, the European Ombudsman appointed by the EuropeanParliament was the only sound and traditional international institution of theombudsman worldwide. Established on the basis of the laws of European Union, theEuropean Ombudsman was appointed by the European Parliament and performed hisduties with complete independence. Since the establishment, the EuropeanOmbudsman has played positive role in the good administration and legislation of theEuropean Union through his receipt of complaints, inquiries, recommendations,critical remarks, reports and so on. First, during the process of dealing withcomplaints from the citizens, the European Ombudsman effectively avoids and resiststhe abuse of the public authorities, and enhances the awareness of public service.Second, during the specific instances of dealing with maladministration, the EuropeanOmbudsman provides an effective means of redress for citizens who are denied theirlegal rights so as to supervise the implementation of the European Human Rights Lawand improve the human rights in European Union. As an independent identitybetween the citizens and the government bodies, the European Ombudsmanstrengthens the communications and help to establish mutual trust between them so as to realize good administration and rule of law.Through the study of the law framework, the mandate and the process of theEuropean Ombudsman, it is expected to learn some best practice to enhance China’sNational People’s Congress (NPC). First, NPC, as a supervision institution, shallmaintain its independence, including financial independence and personnelindependence, especially from the supervisee institutions and bodies. Only with thatcomplete independence, the supervision institution can fully function. Second, NPCshall be empowered to make the inquiries, investigations, reports, arbitration andother necessary rights with the reasonable and workable procedures of implementingits mission. Finally, NPC shall have good and full use of its function and increase thetransparency to make itself more approachable for the public and strengthen thecommunication with citizens. NPC could also cooperate with media and promote theefficiency and effectiveness of its supervision.
Keywords/Search Tags:the European Ombudsman, administrative supervision, redress ofcitizen’s grievances, supervision of National People’s Congress
PDF Full Text Request
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