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G. MIKANADZE, OMBIDSMAN INSTITUTION
of efficiency of activities of an ombudsman and
a factor of public trust toward the institution
directly depend on the personal authority of
an individual occupying a position of ombudsman.
Guaranteeing ombudsman’s independence
defines efficiency of his activities. In this
regard great importance is attached to a body
which elects or appoints an ombudsman. In
majority of countries ombudsman is elected
by a supreme legislative body. However, there
are countries where ombudsman has turned
into institution appointed by executive branch
of the government. In particular, mediator is
appointed in France by a decree of a Conseil
d’Etat, Parliamentary Commissioner is appointed
by the Queen of the United Kingdom.
While discussing guarantees provided to
an ombudsman, legally fixed possibility of preterm
termination of authority of an ombudsman
can not be omitted. In majority of cases
the reasons are identical to those identified in
the Organic Law of Georgia, which include losing
nationality of the country, failure to perform
as a Public Defender during consecutive
4 months, rendering a final judgment of conviction
against him/her, recognition by a court
as legally incapable, missing or dead, occupation
of a position or engagement in an activity
incompatible with his/her status, resignation
from office by a personal application
and death. In case of the Netherlands there
may also be a case when a national ombudsman
is subjected to guardianship by a court
decision, is announced bankrupt, accepts
moratorium or is imprisoned due to indebtedness
2 ; also, if he/she deserves serious nonconfidence
of a lower house due to his/her
action or inaction. Possibility of pre-term termination
of authority of an ombudsman is envisaged
by the Swedish law as well. Pre-term
termination of authority of Commissioner of
Poland is possible in case of breaching oath
by ombudsman.
Guaranteeing inviolability strengthens independence
and impartiality of an ombudsman.
Legislation of a majority of states prohibits
subjecting ombudsman to criminal liability,
detention or imprisonment, search of his
apartment, car, workplace or person without a
preliminary consent of an organ who has elected
or appointed ombudsman. The exception
is made in cases when ombudsman is caught
flagrante delicto, which shall be immediately
notified to an organ who has elected or appointed
ombudsman and appropriate procedural
actions may be undertaken only with the
consent of that body; if no such a consent is
acquired, a detained or imprisoned ombudsman
shall be immediately released.
Additional guarantee of ombudsman’s independent
action is a right attributed to the latter
not to testify on the fact disclosed to him/
her as to the ombudsman. This right is also
reserved to an ombudsman after the termination
of his/her office. Another important guarantee
is also that an ombudsman shall not be
preceded on the account of ideas and opinions
expressed by him/her while performing
his/her duties.
In terms of financial independence it is
recognized that a separate budget line shall
be allocated to the ombudsman’s expenditures
in the state budget. At the same time,
there is a set practice in many countries in
line with which amount allocated to the ombudsman
institution from the state budget may
not be less than that in a preceding year.
Based upon all the above mentioned conclusion
may follow that ombudsman has acquired
legal and public recognition in the states with
a diverse forms of governance – being constitutional
monarchy, presidential republic,
parliamentary republic. Ombudsman institution
successfully operates in states belonging to
different legal systems (Anglo-Saxon and Continental).
The fact that ombudsman’s institution fits
well into any state order can be explained with
the fact that all the states have bureaucratic
problems. Widening administrative functions
of a state and broadening state regulation
result into decrease of importance of legislative
body and strengthening positions of executive
power. Administrative bodies wittingly
deviating from observing legal and ethical
norms may also not be ruled out.
Introduction of ombudsman’s institution in
the countries which differ from Sweden in terms
of system of governance, administrative-political
arrangements, social and historic peculiarities
was accompanied with a number of difficulties.
Despite the overextended period of
recognizing the idea of ombudsman’s institu-
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