Obrońca Ludu w Hiszpanii

Abstract

The chapter is a minimonograph devoted to the Spanish ombudsman, with particular consideration of legal regulations. The Defender of People is a constitutional, parliamentary, open (non-formalized and easy access to the citizens), autonomous organ (which is proved also by the way it is nominated and its tenure), appointed to protect the constitutional rights and civil liberties. To perform his tasks he has the right to control administration. In the subject sense, all administrative organs (also the administration of justice, parliament and autonomous communities) undergo control. In the object sense, control goes beyond the sphere of administration. It results from two rights of the Defender: entering constitutional compaints and proposals concerning the unconstitutionality of legal acts. In the sphere of interests of the Defender remain, thus, both verdicts and legal acts, including legislation. Although ombudsman’s activities are devoid of sanctions, they are considered as efficient and socially useful. In the Spanish model there is a possibility of nominating regional ombudsman (in several autonomous communities this right has been made use of), so far, it is not a fully used possibility serving the improvement of the efficiency of acting of the Defender himself. Due to a large number of complaints entered by the citizens, there are physical limitations of examining them promptly. The system of the organs of regional ombudsmans acting in cooperation with the Defender would contribute to the greater efficiency of control and, thus, protection of the individual’s rights.