10
ANNUAL REPORT 2011
of the system they were intended to monitor. The courts were another option,
but for many people a lawsuit was – and still is – a lengthy and costly affair. An
alternative was needed to meet the individual citizen’s need for an independent,
free and easily accessible appeal body. At the same time, the legislature itself
needed an institution able to monitor the administration’s use of the rules that
had been passed.
The solution was the Parliamentary Ombudsman. The Ombudsman institution was included in the Constitution of 1953 and established in 1955. The
model was the Swedish ombudsman system, which was established already in
1809, but the Danish model differed from the Swedish in important respects.
To a large extent, it is the Danish model which subsequently spread to other
countries, with the result that the word ‘ombudsman’ is today known in several
continents.
At times, the Ombudsman is called ‘the common man’s advocate’. This express
es something very important in that the Ombudsman fundamentally exists for
the ordinary citizen and the principal mission of the Ombudsman is to ensure
that the individual does not have his or her rights infringed or is exposed to
unfair treatment by public authorities. It is not, however, the Ombudsman’s role
to take the citizen’s part in the way that a lawyer must take a client’s part. The
Ombudsman’s role is to assess soberly and objectively whether the administration has treated the individual citizen in accordance with applicable law and
good administrative practice.
Another characteristic is that the Ombudsman cannot make binding decisions
in relation to the administration, but only express an opinion and, if appropriate, recommend that the authorities reopen the relevant case. It may sound
fragile and in a way it is, but it cannot easily be otherwise. In principle, the
Ombudsman’s authority covers all activities of the public administration and if
he could make binding decisions, exceptional power would be concentrated in a
single institution. This is unlikely to be desired by anyone, including the Om
budsman.
In reality, a fine balance is maintained by the Ombudsman on the one hand
having the power to investigate any case in the entire public administration and
on the other being unable to enforce his legal conception. As a result, Ombudsman and authorities have to establish suitable checks and balances in relation to
each other.
In addition, the Ombudsman’s legal conception is in practice virtually always
followed. This is of course connected with the strong mandate held by the Om-