From Paris to Venice: the international standard of the ombudsman’s independence revisited

Abstract

ABSTRACT Through the adoption of the Venice Principles on the Protection and Promotion of the Ombudsman Institution, the Venice Commission strives to set a new, more ambitious standard of independence and a mandate for ombudsman institutions across Europe. This article aims at assessing to what extent the Venice Principles offer added value to standards established primarily by the 1993 Paris Principles on the National Human Rights Institutions. It shows that the major improvements relate to the procedure of appointment and dismissal of the ombudsman, as well as its term of office. It is also noted that the analysed document provides a clearer basis for ombudsman institutions to launch judicial proceedings or join them in order to protect citizens’ rights. On the other hand, it is concluded that the Venice Commission failed to demonstrate an explicit position towards such issues as securing financial independence of the ombudsman or expansion of the specialised (thematic) ombudsman institutions.