Independence of Ombudspersons – National and International Perspective

Abstract

Ombudspersons play different role in every jurisdiction. One of the common mandates is the protection of individuals within the state administration, through protection of fundamental rights, through protection of rights of individuals within administrative procedures, through providing access to information etc. Ombudspersons act rather through soft instruments than based on strong investigatory or enforcement powers. In such status quo, is it important for them to be independent? What are the international requirements for independence of ombudspersons? Are they satisfied on national level? The paper will seeks answers to these questions, taking the legal order of the Slovak Republic as an example. In its conclusion, the paper confirms that independence is an important requirement for the proper functioning of ombudspersons. The Slovak legal order shows room for improvement in this regard, although the de iure requirements for independence are safeguarded to appreciable extent.