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Public discussion: The Ombudsman Institution on National and Local Level: Bulgarian Experience in the European Context
 
July 9, 2004
Center for the Study of Democracy

Summary of the discussion


The discussion was opened by Dr. Maria Yordanova, Director of CSD Law Program, who outlined in brief the long way of the emerging ombudsman institution in Bulgaria. Dr. Yordanova described the activities of the civil society aimed at establishing the institution in Bulgaria on national and local level ever since launching the idea for its introduction in 1998 until the adoption of the legislative framework of the institution and the significant progress marked in the introduction of the local public mediators thereafter.
Dr. Yordanova presented to the participants the CSD last publication on the ombudsman institution - the brochure Local Public Mediators in Bulgaria.

Mr. Gene Gibson, Senior Advisor, Rule of Law and Governance, United States Agency for International Development (USAID), Bulgaria acquainted the participants with the activities of the USAID, aimed at strengthening the local self-government and further promoting transparency and accountability in the work of the local authorities. He pointed out that the introduction of the institution of local public mediator is of great importance for achieving these objectives and thus has always been among the priorities of the USAID.

The Program Director of LGI Mr. Henry Minis, spoke on the LGI activities in two main directions: the improvement of legislation on the local self-government and building institutional capacity of the local administration. Mr. Minis underlined the importance of cooperation between all the stakeholders and gave as an example the Task Force, hosted by LGI and featuring Coalition 2000 and other experts, which elaborated Model Rules on the Organization and Activities of the Local Public Mediator.

Dr. Hans Martin Tschudi, Vice-President of the Congress of the Local and Regional Authorities of Council of Europe and State Counsellor, Head of Department of Justice in Basel City, Switzerland delivered a speech on the Congress’ activities in the field of establishing and supporting the ombudsman institution. He underscored the special support of the Congress of the Local and Regional Authorities of Council of Europe for establishing such institutions on local and regional level and described the different acts, adopted by the Council concerning that matter.
Mr. Tschudi enumerated the most important principles in the activity of the public mediators on local and regional level, namely impartiality and political independence, as well as sufficient and qualified staff and easy access by the citizens.
He also provided the participants with information on the way the local and regional ombudsmen are elected and function in Switzerland and emphasized on their complete independence, which is guaranteed by total incompatibility with other functions and sufficient remuneration.

Mr. Dimitar Markov, Project Coordinator at CSD Law Program, spoke on the legal framework of the institution in Bulgaria, its shortcomings and suggestions for its improvement.

Ms. Anelia Atanassova, Policy Team Leader, LGI, presented the work of the Task Force, which elaborated the Model Rules on the Organization and Activities of the Public Mediator. She underlined once again the importance of cooperation and mutual assistance between all stakeholders in the process of establishing the ombudsman institution in Bulgaria and thanked the participants in the Task Force.
Ms. Atanassova also acquainted the participants with the main characteristics, structure and contents of the Model Rules.

The discussion that followed featured presentations by the four newly elected public mediators.
Mr. Georgi Milkov, Head of the project Open Doors to the Citizens of Razgrad Municipality and Ms. Ivanichka Ruseva, Public Mediator of Razgrad municipality presented the process of establishing the institution in Razgrad and the start of its work.

The Chair of the Future for All of Us Association Ms. Nina Pavlova spoke on the main prerequisites for successful establishment of the institution on local level and pointed out that the office-holder should possess the necessary qualities to win and enlarge public confidence, e.g. high qualification, independence and integrity.
The Public Mediator of Botevgrad municipality Mr. Vasil Vasilev presented his work since his election on March 30, 2004 and provided some statistics on the number of complaints and signals received (14 complaints and signals received, 30 consultations provided) and information on their contents, pointing out some of the problems most frequently concerned, e.g. housing and social services.

Mr. Deyan Ashkov, Chair of the Bulgarian Youth League Stefan Stambolov – Smolyan said that the institution of local ppublic mediator is an efficient mechanism for assuring better administrative services and counteracting corruption and indicated that the office holder should be independent and enjoy trust by the citizens in order to perform his/her duties well. As a necessary prerequisite for achieving that objective he stated the establishment of steady cooperation between the local public mediators and the national ombudsman to be elected, including through adoption of explicit legislative provisions to that effect.

The Public Mediator of Banite municipality Ms. Zorka Karipova described her experience and the actions undertaken for raising the public awareness on the institution, i.e. through organizing meetings and public receptions in all the locations of the municipality. She also presented some of the cases submitted to her and resolved through her assistance.

The Public Mediator of Kavarna municipality Ms. Eli Mileva shared her experience by describing in details her work, the number of complaints and signals submitted (45 complaints and signals received, 14 of them concerning acts, actions or omissions of the municipal administration) and the means of their resolution, marking once again the importance of the cooperation with and the support by the local administration.

Ms. Teodora Gandova, Director of NGO Links, acquainted the participants with the pilot project for establishing the institution of regional ombudsman office for seven municipalities in Kurdzhali district.

Ms. Dobrinka Moneva, Chair of the Municipal Council of Razgrad municipality and Mr. Ferdo Argatski, Deputy Mayor of Roudozem municipality shared their conviction that the institution of local public mediator would contribute very much for improving the work of local administration and for attaining strong and transparent local self-government.

The participants in the discussion endorsed an Address to the National Assembly, appealing for a speedy election of a highly-qualified, independent and reputable parliamentary ombudsman and successful start of the new institution, as well as its incorporation in the Constitution and adoption of legislative amendments for further strengthening the stability, independence and effectiveness of the institution.
The Address was sent to the Speaker of the National Assembly and to the Chairs of the Parliamentary Groups and the Parliamentary Standing and Ad hoc Committees as well as disseminated through the Bulgarian News Agency.
 
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