Coordinating Ombudsmen and the Judiciary: A Comparative View on the Relations Between Ombudsmen and the Judiciary in the Netherlands, England and the

Coordinating Ombudsmen and the Judiciary: A Comparative View on the Relations Between Ombudsmen and the Judiciary in the Netherlands, England and the

By: Milan Remac (author)Paperback

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Description

Although the protection of individuals' interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to tension between the two institutions and can affect their relations, and therefore needs coordination. This book investigates whether relations between the judiciary and ombudsmen exist at all, how their respective tasks and competences influence one another and how they are coordinated. It contains a comprehensive and comparative study on the coordination of the relations between ombudsmen and the judiciary in three considerably different legal systems, namely the Netherlands, England and the European Union. The author identifies three levels of possible coordination: institutional coordination, case coordination and normative coordination. He explores and compares the statutory rules, the case law of the judiciary and ombudsprudence. In addition, he draws from experiences shared through interviews with ombudsmen, judges and employees of ombudsman offices. In doing so, he demonstrates that several improvements to the ombudsmen-judiciary relations are required

Contents

Preface abbreviations Part I - Introduction Chapter 1 General Introduction 1.1 Ombudsman - definition and functions 1.2 Administrative judiciary in the broadest sense 1.3 Relations between ombudsmen and the judiciary defined 1.4 Choices and selection conditions of ombudsmen 9 chapter 2 research design 2.1 Goals of the research 2.2 Conceptual framework 2.3 Research questions 2.4 Methods 2.4.1 Documentary analysis 2.4.2 Individual interviews 2.5 Validity 2.6 Summary Part II -Relations Between the National Ombudsman and The Courts In The Netherlands chapter 1 The National Ombudsman 1.1 Functions of the National Ombudsman 1.1.1 Control function and protection and dispute resolution function 1.1.1.1 Subjects and matters within the competence of the National Ombudsman 1.1.1.2 Complaints and own initiative investigations 1.1.1.3 Investigation procedure 1.1.2 Redress function 1.1.3 Normative function and educational function 1.1.3.1 Guidance of the National Ombudsman 1.1.3.2 Reports and other documents of the National Ombudsman Chapter 2 System of the Dutch Courts 2.1 The judiciary and the administrative courts 2.2 Review of administrative decisions 2.3 Normative standards of the courts 2.4 Remedies Chapter 3 Institutional Coordination of Ombudsman-Judiciary Relations in the Netherlands 3.1 Formal institutional coordination in the Netherlands 3.1.1 Statutory law and secondary legislation 3.1.2 The case law of the Dutch courts 3.1.3 The 'ombudsprudence' of the National Ombudsman 3.1.4 A short summary 3.2 Informal institutional coordination in the Netherlands 3.2.1 Informal interaction between the NO and the Dutch courts? 3.2.2 Informal cooperation and exchange of information? 3.2.3 A short summary 3.3 Summary Chapter 4 Case Coordination of Ombudsmen - Judiciary Relations in the Netherlands? 4.1 Formal case coordination of ombudsman-judiciary relations? 4.1.1 Formal case coordination in the written Dutch law? 4.1.2 Formal case coordination in the courts' case law? 4.1.3 Formal case coordination in the 'ombudsprudence'? 4.1.4 A short summary 4.2 Interplay between the National Ombudsman and the Dutch courts in connection with their findings 4.2.1 Practice of the National Ombudsman 4.2.1.1 A typology of the cross-references to the courts 4.2.1.2 A short summary 4.2.2 Practice of the Dutch courts 4.2.2.1 A typology of court cross-references to the National Ombudsman 4.2.2.2 A short summary 4.3 Summary Chapter 5 Normative Coordination of Ombudsman-Judiciary Relations in the Netherlands? 5.1 Development of normative standards by the National Ombudsman and by the Dutch judiciary 5.1.1 Guidelines on Proper Conduct (Behoorlijkheidswijzer) 5.1.2 General principles of proper administration (GPPA) 5.2 Formal normative coordination and the similarity of normative standards? 5.2.1 Formal coordination between the normative standards of the Dutch courts and of the National Ombudsman? 5.2.2 Similarity between the normative standards 5.3 Normative standards in practice 5.3.1 Statutory law as a normative standard of the National Ombudsman 5.3.2 General principles of law as a normative standard of the National Ombudsman 5.3.3 Exclusively ombudsman principles as a normative standard 5.4 Summary Part III -Relations Between Ombudsmen and The Judiciary In England Chapter 1 The Parliamentary Ombudsman and the Local Government Ombudsmen 1.1 The Parliamentary Ombudsman 1.1.1 Functions of the Parliamentary Ombudsman 1.1.1.1 Control function and protection and dispute resolution function 1.1.1.2 Redress function 1.1.1.3 Normative function and educational function 1.2 The Local Government Ombudsmen 1.2.1 Functions of the Local Government Ombudsmen 1.2.1.1 Control function and protection and dispute resolution function 1.2.1.2 Redress function 1.2.1.3 Normative function and educational function 1.3 Maladministration in the English sense and injustice in consequence of Maladministration Chapter 2 Judicial Authorities in England 2.1 Administrative courts in England? 2.1.1 The judicial review procedure 2.1.2 Grounds for judicial review 2.1.3 Remedies 2.2 Administrative tribunals in England? 2.2.1 The system of tribunals 2.2.2 Discontent with tribunals Chapter 3 Institutional Coordination of Ombudsman - Judiciary Relations in england? 3.1 Formal institutional coordination in England 3.1.1 Primary legislation and other legal rules 3.1.2 Jurisprudence of the courts and the tribunals 3.1.2.1 The case law of the courts 3.1.2.2 The case work of the tribunals 3.1.3 The 'ombudsprudence' of the Parliamentary Ombudsman and the Local Government Ombudsman 3.1.4 Short summary 3.2 Informal institutional coordination in England 3.2.1 Informal interaction? 3.2.2 Informal cooperation and an exchange of information? 3.2.3 A short summary 3.3 Summary 178 Chapter 4 Case Coordination of Ombudsmen-Judiciary Relations in England? 4.1 Formal case coordination of ombudsman-judiciary relations? 4.1.1 Formal case coordination of ombudsman-judiciary relations in codified law? 4.1.2 Formal case coordination in the case law of the judiciary? 4.1.2.1 Judiciary and the reports of the PO 4.1.2.2 The judiciary and the reports of the LGO 4.1.2.3 Tribunals and the reports of the researched ombudsmen 4.1.3 Formal case coordination in the 'ombudsprudence'? 4.2 Interplay between ombudsmen and the judiciary regarding their reports and judgments 4.2.1 Practice of the researched ombudsmen 4.2.1.1 A typology of ombudsman cross-references to the judiciary 4.2.1.2 A short summary 4.2.2 Practice of the courts 4.2.3 Practice of the chosen tribunals 4.2.4 A short summary 4.3 Summary Chapter 5 Normative Coordination of Ombudsman-judiciary Relations in England 5.1 The development of normative standards by ombudsmen and the judiciary in England 5.1.1 The Parliamentary Ombudsman, the Local Government Ombudsmen and normative standards 5.1.1.1 Principles of Good Administration of the Parliamentary Ombudsman 5.1.1.2 The LGO and normative standards 5.1.2 The English judiciary and normative standards 5.1.2.1 The courts and their normative function 5.1.2.2 The tribunals and their normative function 5.2 Coordination between normative standards and norm development? 5.2.1 Formal coordination between the normative standards of ombudsmen and the judiciary in England? 5.2.2 Similarity between normative standards 5.3 Normative standards and practice 5.3.1 Primary and secondary legislation including human rights as a normative standard 5.3.2 General principles of law as normative standard 5.3.3 Exclusively ombudsman principles as normative standard 5.4 Summary PART IV -Relations between the European Ombudsman and the Court of Justice of The European Union Chapter 1 The European Ombudsman 1.1 Functions of the European Ombudsman 1.1.1 Control function and protection and dispute resolution function 1.1.1.1 Subjects and matters within the competence of the European Ombudsman 1.1.1.2 Complaints and own initiative inquiries 1.1.1.3 Inquiry procedure 1.1.2 Redress function 1.1.3 Normative function and educative function 1.1.3.1 Decisions of the European Ombudsman 1.1.3.2 Guidance of the European Ombudsman Chapter 2 The Court of Justice of the European Union 2.1 Administrative court of the Union? 245 2.2 The Court's proceedings (general) 246 2.3 Normative standards of the Court 247 2.4 Remedies of the Court 249 chapter 3 Institutional coordination of ombudsman-judiciary relations in the eU 253 3.1 Formal institutional coordination in the EU 3.1.1 Written Union law 3.1.1.1 Primary Union law 3.1.1.2 Secondary Union law 3.1.2 The case law of the Court 3.1.3 The 'ombudsprudence' of the European Ombudsman 3.1.4 A short summary 3.2 Informal institutional coordination in the EU 3.2.1 Informal interaction between the EUO and the Court? 3.2.2 Informal cooperation and exchange of information? 3.2.3 A short summary 3.3 Summary Chapter 4 Case Coordination of Ombudsman-Judiciary Relations in the Eu? 4.1 Formal case coordination of ombudsman-judiciary relations? 4.1.1 Formal case coordination in written Union law? 4.1.2 Formal case coordination in the case law of the Court? 4.1.3 Formal case coordination in the ombudsprudence? 4.2 Interplay between the European Ombudsman and the Court in connection with their findings 4.2.1 Practice of the European Ombudsman 4.2.1.1 A typology of the cross-references to the Court 4.2.1.2 A short summary 4.2.2 Practice of the Court 4.2.2.1 Cross-referencing practice of the Court in cases where the EUO is a party to the proceedings 4.2.2.2 Cross-referencing practice of the Court in cases where the EUO is not a party to the proceedings 4.2.2.3 Practice in the opinions of the Advocates General 4.2.2.4 A short summary 4.3 Summary 295 chapter 5 normative coordination of ombudsman-judiciary relations in the EU 5.1 Maladministration in the Union sense, legality and development of normative standards 5.1.1 The European Code of Good Administrative Behaviour 5.1.2 General principles of Union law and the Court 5.1.3 The European Charter of Fundamental Rights 5.2 Formal normative coordination and the similarity between normative standards? 5.2.1 Formal coordination between the normative standards of the Court and of the European Ombudsman 5.2.2 Similarity between the normative standards 5.3 Normative standards in practice 5.3.1 Statutory law including human rights as the normative standard 5.3.2 General principles of Union law as the normative standard 5.3.3 Exclusively ombudsman principles as normative standards? 5.4 Summary PART V -Findings, Amendments, Comparison and Conclusions Chapter 1 Theories and Ombudsman-Judiciary Relations Chapter 2 Findings, Evaluations and Amendments 2.1 Question 1 (institutional coordination) 2.1.1 Findings 2.1.2 Evaluation of findings and possible amendments to the existing designs 2.2 Question 2 (case coordination) 2.2.1 Findings 2.2.2 Evaluation of findings and possible amendments to the existing designs 2.3 Question 3 (normative coordination) 2.3.1 Findings 2.3.2 Evaluation of findings and possible amendments to the existing designs 2.4 General conclusions

Product Details

  • ISBN13: 9781780682181
  • Format: Paperback
  • Number Of Pages: 424
  • ID: 9781780682181
  • weight: 700
  • ISBN10: 1780682182

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