Concept in Definition ABC

In Spanish, terms from other languages ​​are used, preferably English. Ombudsman is not an English word but Swedish and is usually translated as commissioner or representative, but is usually used as a synonym for ombudsman, a institution that exists in most Latin American countries and in Spain.

General considerations on the ombudsman

The figure of the ombudsman has, as rule In general, a series of powers and all of them are included in the constitutional texts of each country.

- Its main function is to supervise the correct operation of the Public administration and protect citizens when they consider that their freedoms or fundamental rights have been violated.

-The appointment of him is carried out by the representatives of the people and generally the figure of the ombudsman is chosen by consensus among the different political forces.

-The figure of the ombudsman must not receive instructions from any authority and must enjoy autonomy during the time that he occupies his position.

-For this institution to be legally protected, the designated person enjoys immunity and inviolability during his mandate.

Some of its main competences

The ombudsman periodically receives complaints from citizens in relation to all kinds of circumstances in which he intervenes. administration of the state. If the complaint received is related to justice, your obligation is to refer it to the administration of justice, since the institution of the ombudsman is not competent in judicial matters.

The ombudsman has the legitimacy to interpose a series of resources (such as the appeal for amparo or the appeal for unconstitutionality). Likewise, if a citizen has been detained illegally, the ombudsman can initiate a habeas corpus procedure.

His powers are limited

Although the figure of the ombudsman must protect citizens against possible irregularities in the administration, there are normally a series of limitations in his actions. The main limitation is that it cannot act before public administrations, since that its function is to correct irregular situations and not to replace another organism of the administration.

On the other hand, the ombudsman cannot intervene in the case of a conflict between individuals, since in these cases the courts of justice are the organisms responsible.

Photo: Fotolia - Detailblick