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| Public hearing: Establishment of the Ombudsman Institution in Bulgaria: Developing the Legislative Framework
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On July 15, 2003, the Center for the Study of Democracy
hosted a discussion on the current state and future development of
the legislative framework regulating the introduction of the
ombudsman institution on the national and local level. The
discussion was attended by representatives of the legislature and
the executive, NGOs and the media.
The discussion benefited from the contributions and proposals of
the following participants: the Minister of Justice Mr. Anton
Stankov, Ms. Ekaterina Mihailova, MP from the Union of Democratic
Forces, Ms. Tatiana Doncheva, MP from Bulgarian Socialist Party,
Ms. Milana Krivachka, Expert, Legal Department of the Council of
Ministers, Mr. Kiril Kiryakov, USAID Local Government Advisor and
Mr. Michail Boyadzhiev, USAID Judicial Reform Expert, Dr. Silvy
Chernev, Chair of the Court of Arbitration with the Bulgarian
Chamber of Commerce and Industry, Ms. Antoaneta Tsoneva, Sofia
Municipality Local Civic Mediator, Mr. Krassimir Dobrev,
Journalist, Sega Daily, Dr. Maria Yordanova, Director of the
CSD Law Program, Mr. Dimitar Markov, Project Coordinator of the CSD
Law Program and other experts engaged in drafting the relevant
legislation and the practical establishment of the ombudsman
institution in Bulgaria.
The Action Plan, developed by
the experts having participated in the study visit to Spain (Madrid and
Barcelona) from June 25 till July 2, 2003, was presented for
discussion at the event.
The participants arrived at a common vision, namely that the
successful establishment and functioning of the ombudsman
institution in Bulgaria, both on central and local level, would
require improvement of existing legislation and enhancing the
awareness among government institutions and the public as to the
position, powers and the role of the ombudsman institution. Another
shared view that surfaced amid discussions concerned the necessity
of the following actions, based on public-private partnership in
order to support this process:
- Drafting constitutional texts stipulating the fundamentals of
the ombudsman institution that are to be included in the
Constitution upon its forthcoming amendment or any future
amendments to it. The following should be set down in the
Constitution:
- function and parliamentary origin of the institution;
- provisions for election and premature termination of his/her
powers, including mandatory requirements to the eligible ombudsman
office holders; the persons entitled to make election proposals;
the qualified majority needed for the election or premature
termination of the ombudsman powers;
- the right of the ombudsman to approach the Constitutional
Court.
- Related to the proposal for constitutional amendments the
relevant amendments and supplements to the Law on the Ombudsman
should be elaborated, concerning:
- the range of persons entitled to submit election proposals for
the ombudsman;
- envisaging of ballot votes in case none of the candidates has
been granted the necessary majority after the first voting;
- introducing additional requirements to eligible ombudsman
office holders - a higher minimum age limit, a background in law,
etc.;
- broadening the range of persons entitled to file complaints
with the ombudsman to include not only natural persons, but also
legal persons and informal organizations;
- specifying the range of authorities and persons subject to
control and inquiries on the part of the ombudsman and exhaustive
itemizing of entities and activities outside the ombudsman's scope
of activity (the Parliament, the Supreme Judicial Council, the
Constitutional Court, the exercising of judicial power, the
national security and foreign policy areas, etc).
- Legislative strengthening of local ombudsman-type institutions
through creating a legal basis that would entitle municipal
councils to elect local public mediators. It should be provided for
either in the Law on the Ombudsman, or in the Law on Local
Administration.
- Launching an intensive ombudsman awareness campaign through
organizing information days, round tables, workshops and broad
media coverage of its introduction by CSD experts in collaboration
with jonalists and other NGOs. This involves preparation and
publication of brochures and other information materials, also
available on the Internet. In November 2003, CSD, with the support
the Ministry of Justice, is hosting a SEE Ombudsmen Regional
Conference, with the attendance of the European Ombudsman as well
as representatives of the People's Defender institution from
Spain.
Special attention was given to the necessity of political
negotiations in order to achieve consensus between all political
parties represented in parliament regarding the nomination of a
compromising person most suitable to be Bulgaria's first national
ombudsman and achieving in fact qualified majority in his/her
election despite the fact that there are no explicit provisions for
that in the present Law on the Ombudsman and no constitutional
provisions whatsoever.
Action Plan for Introducing the Ombudsman Institution in Bulgaria
Study visit to Spain: Examining the Spanish Experience in Establishing the Ombudsman Institution | |
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