ORIGIN AND

DEVELOPMENT OF
OMBUDSMAN SYSTEM
Swedish Antecedents
• umbud/ombud meaning proxy ,attorney, that is
someone who is authorized to act for someone else.
• Ombudsman was a departure from earlier devices for
direct parliamentary control of the administration
• Tribuni plebis of ancient Rome
• The medieval kingdom of Aragon had a justiciate
whose function was to protect private citizens against
abuses of the law on the part of officials.
• In 1713 the absolute monarch Charles XII had created
the office of His Majesty's Supreme
procurator(HOGSTE Ombudsmannen)
 • In 1719 the Supreme Ombudsman was given the title of Chancellor of
Justice (Justitiekanslern)
• After a period of renewed autocratic rule, in 1809 the new Swedish
Constitution enacted.
New constitution-
• executive power to king and council
• authority to levy tax was given to four estates
• legislative power was entrusted to both king and council and four
estates
• judicial power was vested with independent courts
• control over public offices and officials was to be exercised by two
separate institution JK(Justitiekanslern) on behalf on king and council
and JO(Justitieombudsman) on behalf of estates( RIKSDAG in 1866)
• In 1915, new ombudsman called Militieombudsman(MO) was
established to deal exclusively with armed forces
JK(Justitiekanslern)
• General qualification for holder of office-able, impartial, versed
in law and having had experience as a judge
• Duties- to act as councils principle legal advisor, to represent
the crown as attorney-general in cases affecting the state’s
interest and to exercise supervision on behalf of the crown over
public servants and to take action in case of abuse
• Supervision of public servants is performed in a manner and
form corresponding to the ombudsman’s functions.
• JO , MO, JK perform identical functions even though they are
different supervisors
• When a citizen treated unjustly by a public office or official, he
himself as a rule find it more natural to apply to
ombudsman(JO) as parliaments and peoples own spokesman
• If a government office desires to have some actions examined
and verified as to its correctness it is usually JK who is
approached
• Exclusive functions-public proceedings for offence under
freedom of press Act(1949) on notification by the minister
who supervise the act.
• JK request Disciplinary action against advocates neglecting the
duties and also have power to appeal to supreme court
against the Swedish advocates associations decision.
Justitieombudsmannen (JO)
• Four ombudspersons elected by The Swedish Parliament
(Riksdag) for four-year period and is eligible for re-election.(
elected by 48 selected members of parliament)
Powers of Ombudsman-
• Supervise judges,government officials and civil servants
Conducts frequent inspections and keep check on authority
• Prosecutes officials in court of law
• JO have power to acess all documents even secret ones
• Present at all deleberation at which judges and administrative
officials make ruling
• Can seek assistance of any officials
• Cannot change decision of courts
 • JO have to submit annual report to parliament
• Take independent decisions and no instruction is received from
parliament or kind and council
OFFICIALS UNDER JO JURISDICTION
• All national and municipal officials
• Exception is given to ministers because they are under direct control
of parliament
• Judges are prosecuted in higher courts for abuse of power, clear and
obvious infringement of law, delay and improper conduct by judge
against parties and witness concerned.
Supervision carried out by JO
• Supervision from complaints that are brought by citizen
• Complaint in both written or oral form
• Request concerned documents from authorities, if proper
judgment is not gathered ,JO asks police to investigate or
himself holds hearing.
• Conduct Investigation from reports on activities of courts or
administrative authorities in news papers or media
 • Carries out inspection
Special investigation( dual objective)
1. Study explanation given by authority while arriving at a
decision
2. Whether party had a chance to comment on materials on
which decision is taken. Example- mental hospitals, drunken
driving cases etc.
Steps taken when fault is identified
• Prosecute before court of law
• Now prosecution is done rarely, it has been replaced by
reminder to officials about fault
• Prosecution is resorted in case of total disregard to legal rights
and to recover damages.
• Reminder as a form of reprimand is against concept of rule of
law
• JO orders prosecutors to give free legal aid
• JO appeals to government for compensation
• Reccomendation in law through inspection tours.
Faulty but not punishable offences
• No concept of Precedent in Sweden
• Lack of precedents makes it impossible to say that officials
who diverge from general practice of law committed any error
• JO writes letters to officials pointing out intent of legislation
and accepted application of law
• Criticizes court’s interpretation of law but avoid interpretation
of law
Right to appeal against
ombudsman’s decision
• Ombudsman decision non-binding but enjoy great authority
and usually followed up by media
• So nothing prevent JO from retrying a case on finding more
evidence
• So after giving admonition, Jo on further evidence has revoke
the admonition
• Those dissatisfied with admonition may ask to prosecute and
let the court decide
• Appeal can be given to parliamentary committee charged with
examination of ombudsman's administration
Defining Ombudsmann
• “The ombudsman is an independent and non-partisan officer
of the legislature, usually provided for in the constitution,
who supervises the administration; he deals with specific
complaints from the public against administrative injustice
and maladministration; and he has the power to investigate,
criticize and publicize, but not to reverse, administrative
action”(Donald C. Rowat)
• “The Ombudsman institution is an office established by constitution
or statute, headed by an independent high-level public official who
receives complaints about injustice and maladministration from
aggrieved person against government agencies, officials, employees
or who acts on his/her own initiative. The Ombudsman has powers
to investigate, criticise, recommend corrective actions and generally
to publicise administrative actions. The Ombudsman as an
individual is a person of prestige and influence who operates with
objectivity, competence, efficiency and fairness. He/she uses fast,
inexpensive and informal procedures, is easily accessible and has no
powers of sanction”(The International Ombudsman Institute)
Constitutive Elements of the
Ombudsman
• An independent institution
• Two primary functions: receiving complaint from the citizen
and supervising government actions or conducts
• Have investigative powers
• Have power to seek correction of the investigated activity but
without the power to issue a decision with legally binding
force
Rechtsstaat & Rule Of Law(some
common grounds…)
• There are three common ground for Rule Of Law
1. principle of legality-In formal meaning, it requires generality,
clarity, public promulgation of law and prohibitions against
retroactivity, ascertainable and non-retrospective.
2. Separation of powers and judicial independence-
Montesquieu valued having certain authorities to see that
the three main powers do not overstep their boundaries.
3. The protection of human rights- A state who claims
governed by the rule law must not only recognize human
rights but also protecting it. In respect with this element, an
ombudsman regarded as an institutional arrangement
upholding the rule of law because it has objective to protect
human rights, especially individual citizen in dealing with
administrative authorities.
THANK YOU