The Ombudsman of the Citizen and Enterprise is a mediation institution between citizens, businesses and Municipalities or Regions, aiming at the timely identification and effective response to maladministration, ensuring the impartiality of municipal or regional authorities and upgrading the services provided by the Municipality and Region.
Learn more about the institution through the current legal framework listed below in the form of questions and answers:
Citizen and Enterprise Ombudsman
What is the institution of the Citizen's Ombudsman?
The Ombudsman accepts signed complaints from directly affected individuals or legal entities for maladministration of the municipality's services, its legal entities and its businesses and mediates in order to resolve the relevant problems, while he is obliged to respond in writing or electronically within thirty (30) days to the interested parties regarding the actions he has taken after receiving their complaint. The Ombudsman is administratively supported by the municipality's services, which are obliged to provide all possible assistance. When examining complaints, the Ombudsman may request information from the archive of the municipality's services, subject to the provisions of Presidential Decree 28/2015 (A' 34) on access to public documents and information. If, after examining a complaint, instances of maladministration arise, the Ombudsman may submit recommendations to the municipality's services to prevent their recurrence.
(Law 3852/2010, Article 77, par. 3)
Which Municipalities does it concern?
In municipalities with more than twenty thousand (20,000) inhabitants, as well as in island municipalities, by decision of the municipal council, a person of known prestige and experience is selected, following a notice published on the municipality's website, as the Ombudsman of the Citizen and the Enterprise.
(Law 3852/2010, Article 77, par. 1)
Who can become an Ombudsman?
According to Law 3852/2010, Article 77, paragraph 1, a person of recognized prestige and experience is selected as an Ombudsman of the citizen and the enterprise.
An elected official of a municipality, region or member of parliament cannot be selected as an Ombudsman of the citizen and the enterprise. The impediments and incompatibilities provided for in article 10 of Law 4804/2021 (A’ 90) apply to the position of the Ombudsman of the citizen. (Law 3852/2010 Article 77 par.1, as amended by Law 5056/2023, Article 10 regarding the obstacles and incompatibilities of the citizen's Ombudsman)
The decision of the Municipal Council determining the minimum content of the announcement or the announcement may also include criteria that are deemed sufficient to ensure that the Ombudsman has the characteristics of recognized prestige and the experience to fill the position. (Ministry of Interior and Local Government Circular 1/2020, ADA: Ω82Μ46ΜΤΛ6-ΩT2)
What is the procedure for selecting an Ombudsman?
The procedure for selecting an Ombudsman takes place within two (2) months from the establishment of the municipal authorities. The Ombudsman of the citizen and the enterprise is selected by a decision, which is taken by secret ballot and by a majority of two thirds (2/3) of all the members of the Municipal Council (Law 4873/2021, Article 51, paragraph 1). It is noted that Law 4623/2019 provided for a majority of three fifths (3/5) of the present members of the municipal council (Law 4623/2019, Article 7, paragraph 3), but Law 4873/2021 (Article 51, paragraph 3) hastens to clarify that the majority of three fifths (3/5) concerned the municipal period 2019-2023.
The necessary actions for the selection of an Ombudsman is specified in the Circular of the Ministry of Interior 1/2020 (ADA: Ω82Μ46ΜΤΛ6-ΩT2), while it is also summarized in the following table:
| Actions | Competent body |
|---|---|
| 1. Decision to determine the content of the announcement | Municipal Council |
| 2. Issuance of the Announcement Act | Mayor |
| 3. Publication of the Announcement | Competent Municipality service |
| 4. Invitation to the Municipal Council Meeting | President of the Municipal Council |
| 5. Municipal Meeting to make a decision about selecting an Ombudsman | Municipal Council |
| i. Submission of candidacies | Interested parties |
| ii. Secret ballot to select an Ombudsman | Municipal Council |
| iii. Decision to be taken | Municipal Council |
| 6. Publication of the decision | Competent Municipality service |
What are the responsibilities of the Ombudsman?
1. Mediation - Investigation of complaints
The Ombudsman is a mediation institution between citizens, businesses and the Municipality, aiming at the timely identification and effective response to maladministration, ensuring the impartiality of the municipal authorities and upgrading the services provided by the Municipality.
Specifically, in accordance with the provision of article 77, paragraph 3 of law 3852/2010, the Ombudsman receives and investigates complaints from citizens or businesses, through which he is notified of maladministration by municipal services or municipal legal entities. In the above cases, the task and mission of the Ombudsman is to mediate between the affected physical or legal entity and the competent service, as well as to take all necessary initiatives in order to resolve the reported problem. In this way, at the same time, a form of internal control mechanism is established, which has as its strategic objective the assurance of the lawful operation of the services and legal entities of the municipality.
2. Publication of an annual report
In accordance with the provisions of article 77, paragraph 5 of law 3852/2010, a basic obligation of the Ombudsman is to draw up and publish annual reports. The above practice is common among institutions for the interim control of maladministration at the European level, serving the need for publicity and communication of the Ombudsman's actions, as well as the need to ensure transparency in their actions. It is noted that the provisions of Law 3852/2010 do not define the minimum content of the annual report, therefore its formulation is at the discretion of the Ombudsman.
In any case, the Ombudsman must ensure that their annual report is published on the municipality's website, while within thirty (30) days of submitting his report, he must present it at a special public meeting of the relevant municipal council for the assessment of the municipal authority, in accordance with the procedure of Article 217 of the Code of Municipalities and Communities (ratified by Law 3463/2006).
3. Submission of special proposals
Based on the provisions of Article 77, paragraph 5, sections c, et seq. of Law 3852/2010, the Ombudsman may submit special proposals for improving the municipal administration. The special proposals aim, as a rule, to improve the relations between the municipal administration and the citizens, while they are issued on the occasion of significant phenomena of maladministration identified by the Ombudsman, usually through the reports submitted but also in any other appropriate way.
It is noted that the special proposals are either attached to the body of the annual report of the Ombudsmen, or are issued independently through the publication of a special document entitled "Special Proposal". In particular, in the second case, the Ombudsman is obliged to submit the Special Proposal to the Mayor and to notify the Municipal Council and the general secretary of the Municipality. Also, the publication of the special proposals on the Municipality's website is mandatory, with the care of the competent municipal services.
More information: Ministry of Interior Circular 1/2020 (Opens in New Window | PDF file | Size: 215KB)
Regional Citizen and Enterprise Ombudsman
What is the institution of the Regional Ombudsman?
The Ombudsman accepts signed complaints from directly affected individuals or legal entities for maladministration of the services of the region, its legal entities and its enterprises and mediates in order to resolve the relevant problems, while he is obliged to respond in writing or electronically within thirty (30) days to the interested parties regarding the actions he has taken after receiving their complaint. The Ombudsman is administratively supported by the services of the region, which are obliged to provide all possible assistance. When examining complaints, the Ombudsman may request and receive information from the archive of the services of the region, subject to the provisions of Presidential Decree 28/2015 (A' 34) on access to public documents and information. If, after examining a complaint, instances of maladministration arise, the Ombudsman may submit recommendations to the regional services to prevent their recurrence.
(Law 3852/2010, Article 179, par. 2)
Who can become a Regional Ombudsman?
According to Law 3852/2010, Article 179, paragraph 1, a personality of recognized prestige is selected as a Regional Ombudsman of the Citizen and the Enterprise.
An elected official of a municipality, region or member of parliament cannot be selected as a Regional Ombudsman. The impediments and incompatibilities provided for in article 48 of Law 4804/2021 (A’ 90) apply to the office of Regional Supporter.
(Law 3852/2010, Article 179, paragraph 1)
What are the responsibilities of the Ombudsman?
1. Mediation - Investigation of complaints
The Ombudsman accepts signed complaints from directly affected individuals or legal entities for maladministration of the services of the region, its legal entities and its enterprises and mediates in order to resolve the relevant problems, while he is obliged to respond in writing or electronically within thirty (30) days to the interested parties regarding the actions he has taken after receiving their complaint. The Ombudsman is administratively supported by the services of the region, which are obliged to provide all possible assistance. When examining complaints, the Ombudsman may request and receive information from the archive of the services of the region, subject to the provisions of the Presidential Decree. 28/2015 (Α΄ 34) on access to public documents and data. If, after examining a complaint, maladministration phenomena arise, the Ombudsman may submit recommendations to the regional services to prevent their recurrence.
(Law 3852/2010 Article 179 par.2)
2. Publication of an annual report
The regional Ombudsman shall draw up an annual report. The annual report shall be presented by him/her and shall be discussed at the special public meeting of the regional council for the assessment of the activities of the regional authority in accordance with the provisions of Article 185 of this Law.
(Law 3852/2010 Article 179 par.4)
3. Submission of special proposals
The regional Ombudsman may also formulate proposals for improving the regional administration and its relations with the public, both in the context of his annual report and on the occasion of significant problems of maladministration that he himself identifies. In the latter case, the regional Ombudsman's special proposals are submitted to the regional governor and communicated to the regional council and the executive secretary of the region. Both the annual report and the regional Ombudsman's special proposals are posted on the region's website with the care of the regional services.
(Law 3852/2010 Article 179 par.4)
More information: Circular of the Ministry of Internal Affairs 91/2024 (Opens in New Window | PDF file | Size: 1.6MB)