other issues within the catalog of rights, freedoms and guarantees, namely access to information, data protection and freedom of access and exercise of profession, are addressed.
In general terms, the procedures initiated in 2016 - including five procedures opened
at the Ombudsman’s own initiative (40) – maintained the same figures registered in 2015.
The most significant qualitative changes occurred in education issues (raising about 10%)
and, in the opposite direction, health issues (however remaining predominant since
2013), nationality and foreigner’s law.
During this year, 1000 procedures were concluded, distributed as follows:
a) In 425 cases, with total or partial satisfaction of the complainant’s claim;
b) In 340 cases, no ground was found to agree with the claim;
c) In 152 cases, the complainant was referred to the appropriate mean for the defense
of the rights at stake, or the clarifications necessary for a correct understanding of
the situation were provided;
d) In 51 cases, in the impossibility of undertaking other actions, with a remark to the
Administration, calling for a change in procedures;
e) In 26 cases the complainant withdrew the petition; (41)
f ) In 6 cases, albeit the Ombudsman recognized totally or partially the complaint as
reasonable, no recognition of this fact and further restitution was achieved by the
Administration.
Valuations of constitutionality
Following the trend noted on the previous year, a further decline was felt in the number of open complaint procedures whereby citizens directly requested the Ombudsman
to request the Constitutional Court to declare the unconstitutionality of a certain norm
(29 in 2016 with 44 in 2015), thus maintaining the same level registered in 2008, after
five years of steep increase and another one of stabilization. In many cases, the grounds
used were the principle of equality and organic and formal vices, in this case very much
associated with the enactment of new taxes.
(40) These self-initiated procedures focused on: i) assessing the constitutionality of some of the rules of the Lisbon
Urban Planning Regulation, namely in relation to the absence of additional criteria to be observed if a project is declared of exceptional importance for the city and, consequently, depart from the construction criteria defined; ii)
alleged constraints registered in some hospitals in the dispensing of medicines (antiretroviral) for a minimum period
of 90 days; iii) verification of third party access to data of Portuguese emigrants enrolled in the network of national
consular posts; iv) analysis of the food situation in prisons; v) assessing the access by visitors to prisoners who are in a
high secure facility.
(41) This comparatively high figure is mainly due to the reception, in 2015, of several complaints, incompletely
substantiated, concerning the procedures for granting residence permits for investment activity, without no reply to
subsequent requests for further information.
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