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The
Office of the Althing Ombudsman
The Althing Ombudman is elected by Althing for periods of
four years. He shall fulfil the conditions provided by law for
appointment to the Supreme Court. In his work the Ombudsman is
independent and takes orders from nobody, Althing included.
What
is the role of the Althing Ombudsman?
The role of the Althing Ombudsman is to monitor the
administration of the State and local authorities and safeguard the
rights of the citizens vis-à-vis the authorities. The Ombudsman shall
take pains to ensure that the principle of equality is observed and that
administration is in other respects conducted in conformity with the law
and good administrative practice.
The
jurisdiction of the Althing Ombudsman
The Althing Ombudsman monitors the administration of the
State and local authorities, as well as the activities of private bodies
insofar as they have been by law vested with authority to decide as to
individuals' rights and obligations. Consequently, complaints may be
lodged with the Ombudsman about decisions, procedures and conduct
exercised by officials of ministries and government agencies and other
bodies engaged in State administration. The same applies in the case of
officials of local authorities and others who are engaged in
administration for municipalities, as well as to employees of private
bodies inasmuch as these have been by law vested with authority to
decide as to individuals' rights and obligations.
What
falls outside the jurisdiction of the Althing Ombudsman?
Among the matters outside the Ombudsman's jurisdiction are:
* the proceedings of Althing
* the proceedings of the courts of law
* decisions by the authorities, which shall be put to the
courts, as provided by law
* differences between individuals
How
much does it cost to turn to the Althing Ombudsman?
The Ombudsman takes up cases free of charge for those who
bring them.
Who
may bring complaints to the Althing Ombudsman?
Any person who feels unfairly treated by the authorities
may lodge a complaint with the Althing Ombudsman. All individuals,
whether Icelandic nationals or aliens, may complain to the Ombudsman.
The same applies in the case of associations and bodies formed by
individuals.
Conditions
for the taking up of a case by the Althing Ombudsman
Among the conditions for the taking up of a case by the
Ombudsman are the following: When a decision by an authority gives rise
to a complaint and it can be appealed to a higher authority, eg. a
cabinet minister, it must first be referred to the higher authority
before a complaint can be lodged with the Althing Ombudsman. However,
complaints involving, for instance, a delay in the conclusion of a case,
or the conduct of a civil servant, may be lodged directly with the
Ombudsman. A complaint must be lodged with the Ombudsman within a year
of the notification to a party of the decision which forms the object of
the complaint. A complaint to the Ombudsman must be submitted in
writing. A special form is available for that purpose. If need be, and,
insofar as possible, the Ombudsman's staff will help with the drafting
of a complaint.
How
is a case examined?
The Ombudsman may demand from the authorities such
information as he may require in the carrying out of his task,including
reports, documents, records and other items. He may summon adminstrative
officials to give oral information and reports. The Ombudsman has,
furthermore, free access to the premises of the authorities in order to
carry out investigations for his official purposes. Should the Ombudsman
decide, following a preliminary investigation of a case, to examine it
further, he will give the authority concerned an opportunity to present
its case.
The
conclusion of a case
Cases which undergo further investigation are normally
concluded through an act of remedy by the authority involved, or an
opinion issued by the Ombudsman as to whether the authority has by its
actions infringed the law or good administrative practice. Where the
actions of an authority form the object of reproach or criticism by the
Ombudsman he will address to such authority a recommendation to make
amends.
Is
a conlusion of the Althing Ombudsman binding on the authorities?
Conclusions by the Althing Ombudsman in cases submitted for
his consideration are not by law binding on the authorities, yet they
are normally followed. Where a public authority does not heed a finding
of the Althing Ombudsman he may recommend that the party concerned be
given legal aid in a lawsuit against the authority in question. The
Ombudsman reports annually to Althing on his work, detailing inter alia
how cases have been concluded and the subsequent action by the
authorities.
The
Office of the Althing Ombudsman
For further information and instructions turn to the office
of the Althing Ombudsman at 7 Álftamýri, Reykjavík,
Postal code: 150 Reykjavík.
Telephone: (354) 510 6700, Call toll free: 800 6450, Telefax: (354) 510
6701, E-mail: postur@umb.althingi.is
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