OMBUDSMAN SYSTEM IN THE WORLD AND A CASE STUDY: NEDERLAND’S EXPERIENCES AND TURKEY’S SITUATION

ismail-kapakIn this book, establishment of ombudsman system in the world is handled and the purpose of the system, functions, responsibilities, types and shape of the structures around the world is analyzed to get some best points for Turkey’s new ombudsman system, Public Audit Institution.

As a begenning lets express the nature of ombudsman in brief. If the definitions from different academician, applicants or other related people are observed, it is seen that actually all of them is less or more met in the same explanations on the ombudsman.

In this respect Spenheimer defines the ombudsman as mentioned below:

An ombudsman is a neutral member of a public or private association who receives complaints from sources both internal and external to the association and helps to resolve these complaints through mediation, counseling, and other innumerable dispute resolution techniques.

According to Reif, the Ombudsman is a public establishment by the legistlative branch of government, to supervise the administrative activities of the executive branches.

In the other side, a 1974 resolution of the International Bar Association defines “ombudsman” as follows: An office provided by the constitution or by action of the legislature or parliament and headed by an independent high-level public official who is responsible to the legislature or parliament, who receives complaints from aggrieved persons against government-agencies, officials and employers or who acts on his own motion, and has the power to investigate, recommend corrective action and issue reports.

In the same parallel, Gokce also states the role of ombudsman such as:Ombudsman has a main purpose to protect the public against slow servises or against non-fullfilling the needs of them, in case of the the mixed structures of public administration system and slow beurocratic procedures. It serves as an agent between the citizens and state institutions. The system is regarded as the first point to solve the problems resulted against the public as a result of the official procedures between the state institutions and public.

In this regard, the system around the world will be taken in hand with an historical perspective, as a case study Nederland’s National Ombudsman institution will be introduced and analyzed and at the end under the light of the experiences, Turkish Ombudsman (Public Audit Instıtute) will be discussed.

Taking into account the ombudsman basic purpose mentined above, the booklet is designed in five main section when the introduction section is not considered. In line with this short explanation:

In the second section, ombudsman system in general will be held in an historical perspective. In this part, European Ombudsman will also be introduced in a genaral manner.

In the third section, Ombudsman system as a public audit mechanism will be discuessed with its all aspects like selection method of Ombudsman, functions, complaint procedures, authority and responsibilities, relations with offices and institutions, reporting issue, etc.

The system codes and main principals of Ombudsmanship will be explained in the fourth section. This part is especially important to understand in which determined condisitons and how an Ombudsman system can be successful.

In the fifth section, The Nederland National Ombudsman Institute will be held and analyzed as a case study. The aim of this section is to see what are the problems faced in an applied and functioning system already which has a long historical bacground. In this part, takes place an interwiev realized with The Nederland National Ombudsman Distinquished Mr. Alex BRENNINKMEIJERand Rotterdam Ombudsman Distinquished Mrs. Anne Mieke ZWANEVELD.

In the last section, Turkish Ombudsman Institute will be handled and discussed under the circumstances and realities explained in the previous parts.

 

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