Zbornik Radova Pravnog Fakulteta u Splitu (Feb 2016)
Ombudsman in control of the administration
Abstract
The organization of the Croatian state and legal system enriched the Croatian Constitution of 1990, a new institution - the Ombudsman (Parliamentary protector of human rights) . The establishment of a parliamentary ombudsman, Croatia is ranked in the wide range of countries who know that institution. The introduction of this institution in the Croatian legal system is a consequence of a wider effort to care for the rights and freedoms of human and citizen, as well as the desire to avoid the possible arbitrariness holder of public authorities in their everyday relations with citizens. Ombudsman, under the Constitution of the Republic of Croatian is commissioner of the Croatian Parliament for the promotion and protection of human rights and freedoms enshrined in the Constitution, laws and international legal instruments on human rights and freedoms adopted by the Republic of Croatia. Further regulation of the institution of the Ombudsman was performed first, the Ombudsman Act of 1992, which was replaced by the same name by law in 2012. This Act regulates the scope and manner of work, conditions for election and dismissal of the ombudsman and his deputies as well as cooperation with the Ombudsman for Children, the Ombudsman for Gender Equality and the Ombudsman for Persons with Disabilities. When the Parliamentary protector of human rights, with its organization and its functions, compared with the same or similar institutions in other countries, it can be seen that the Parliamentary protector of human rights is classic form of the Parliamentary Ombudsman. Further, Croatian Parliament established Parliamentary protector of human rights under those models of parliamentary ombudsman who has the broadest powers. It is obvious in particular two circumstances: first, everyone has right to complaint to the Ombudsman, regardless of whether the complainant has direct personal legal interest in the legal matter that is the subject of the complaint (actio popularis), and second, Ombudsman can control a wide range of public bodies including courts.
