Natisni vsebino

Legal framework

According to statute, proceedings before the Ombudsman are confidential and the Ombudsman is bound to confidentiality in all cases handled. This means that the names of complainants whose complaints are being dealt with by the Ombudsman may not be disclosed to the public without the written and signed consent of the complainant. Only in exceptional circumstances may the Ombudsman report on individual cases that are still open, and in doing so must observe the provision on the confidentiality of proceedings before the Ombudsman (the full name of the complainant and other details which could identify the person involved shall not be disclosed). The purpose of reporting on important and interesting cases is to draw attention to examples of unsatisfactory work by bodies of the public administration, which should have a preventive effect.

The legal framework of the ombudsman’s reports on his work and the provision of information to the public:

Human Rights Ombudsman Act

Article 5

The Ombudsman shall lay before the Parliament general annual reports and special reports on his work.

The funds for the Ombudsman's work shall be allocated by the Parliament from the state budget.

Article 8

Proceedings before the Ombudsman shall be confidential.

The Ombudsman shall inform the public and the Parliament about his finding of the facts and steps that have been taken.

Article 25

The Ombudsman may communicate to each body his opinion, from the aspect of protection of human rights and fundamental freedoms, about the case he is investigating, irrespective of the type or stage of proceedings which are being conducted by the respective body.

Article 33

When the Ombudsman decides to launch an investigation (item (2) of Article 28) he shall communicate his decision to the petitioner and the body or bodies against which the petition has been lodged, and require all the necessary explanations and additional information.

The Ombudsman shall specify a deadline by which the body must furnish all the explanations and information stated in the previous paragraph. The deadline may not be shorter than 8 days. A body having failed to furnish the required information or explanations to the Ombudsman by the deadline must immediately communicate to the Ombudsman the reasons of not having fulfilled his requirement.

The Ombudsman may directly inform its superior body about the delay from the previous paragraph.

The rejection or ignoring of the Ombudsman's requirements shall be deemed an obstruction to the Ombudsman's work.

The Ombudsman may report about this in a special report to a competent working group at the Parliament or to the Parliament itself, or he may publicize these facts.

Article 39

In his final report the Ombudsman shall state his assessment of the facts and circumstances of that individual case, and establish whether or not human rights or fundamental freedoms have been violated, or some other maladministration has been done in the investigated case.

At the same time, the Ombudsman shall recommend the way how to remedy the established wrong-doing. In this, he may recommend that the body should repeat a certain procedure in accordance with the law, recommend the compensation for the damage, or recommend some other way how to remedy the wrong-doing that has affected the individual. In this, he shall not interfere in civil legal rights of the individual to the compensation for the damage.

The Ombudsman may propose the initiation of disciplinary proceedings against the officials of the bodies who did the established maladministration that led to an injustice.

Article 40

The bodies stated in the Article 39 must inform the Ombudsman within 30 days about the steps taken in accordance with his proposals, opinions, critiques, or recommendations.

If the body does not submit a report on adhering to the Ombudsman's recommendations, or these are adhered to only partially, the Ombudsman may directly inform about it its superior body or respective ministry, or submit a special report to the Parliament, or publicize these facts.

The Ombudsman may publish his report and his proposals in mass media at the expense of the body if the latter, after a repeated requirement, has not adequately responded to his proposals or recommendations.

Article 43

The Ombudsman shall lay before the Parliament his general and special reports on his work, his findings about respecting human rights and fundamental freedoms, and on legal security of the citizens in the Republic of Slovenia.

He shall submit the annual report for the previous year not later than September 30 of the current year.

The Ombudsman may submit special reports to competent working groups at the Parliament or directly to the Parliament.

Article 44

During the debate on the general annual report at the session of the Parliament, the Ombudsman may himself present a summary of the report and ensuing conclusions.

The general annual report of the Ombudsman shall be promulgated.

The whole Human Rights Ombudsman Act

Human Rights Ombudsman Rules of Procedure

Article 6

The Ombudsman shall inform the public on his work through regular annual or special reports, through the presentation of his work at press conferences, press releases, by publishing his reports and proposals in mass media and in special publications.

In doing so, the Ombudsman shall observe the regulations on ensuring the secrecy of data and confidentiality of the proceedings in accordance with the Ombudsman Act.

Article 7

The Ombudsman shall inform the public directly or through his Expert Service.

Article 36

In dealing with more general issues which are important for the protection of human rights and fundamental freedoms and legal security of citizens, the Ombudsman shall obtain information and standpoints on the handled case from the competent bodies.

After having investigated the case, the Ombudsman may state his opinion with proposals and recommendations.

He shall send his opinion to the competent body, and he may also send it to the Parliament and the Government of the Republic of Slovenia.

Article 40

The annual report shall include the findings on the level of respecting human rights and fundamental freedoms and legal security of the citizens of the Republic of Slovenia, the description of essential problems, statistical survey of received, handled and processed petitions, the description of individual typical cases of violations or maladministration, and the report on other activities of the Ombudsman.

The whole Human Rights Ombudsman Rules of Procedure

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