GAP-JOURNAL 2012/13 - AFA

300
erations) merged into one office of Commissioner for Fundamental Rights. According
to the Act CXIof2011, the former Parliamentary Commissioner for Future Generations
has become the Deputy Commissioner for Fundamental Rights responsible for the protection
ofthe interests of future generations (Commissioner for Fundamental Rights
2013).
Proposed functions ofapowerful guardian forfuturegenerations
In order tobecome astrong mechanism for 21st century checks and balances, an
Ombudsman who serves as guardian for future generations should have the following
characteristics:
1. In accordance with the principle of the division ofpowers, the Ombudsman
should be established asanindependent body. Such aguardian should not hold
another governmental office, such asinaparliamentary committee. Ideally, the
Ombudsman’s office should be able to exercise its functions legally independent,
free from any instructions and only bound to the legal system and inthe
light of its statute.
2. The position’s political independence should also besafeguarded bymaking the
Ombudsman’s removal difficult without cause. Furthermore, there should not
be arequirement to be re-elected bycurrent voters inorder to fully focus on the
long-term analysis and represent itwithout anyhesitation.
3. The guardian’s office’s decisions should belegally binding in order toavoid
that theaddressed institutions simply ignoreits work.
4. The Ombudsman’s office should have the authority topropose bills and toexpress
apublic opinion on bills as part of the legislative process which affect the
rights of future generations.
5. Another very important issue regarding effectiveness ofthis institution istoensure
that the Ombudsman’s office is comprised ofadecent number ofstaff
members that guarantee the independence ofother institutions and allow qualitativework.
6. The guardian’s office should be transparent toincrease trust in policy implementation
and government accountability. Therefore, its mandate should be
described clearly in the applicable legal provisions and specific statutes. In