One of the main reasons for the Observatory's existence, as it is often mentioned, is the fact that the implementation of the institution of the Ombudsman of the Citizen and the Enterprise (for the Municipalities) and the Ombudsman of the Citizen and the Enterprise (for the Regions) has admittedly not been adopted to the expected extent since its establishment with Kallikratis in 2010 until today.
Only one in five municipalities and about half of the regions managed to activate this institution during the 2019-2023 self-governing period. What is the reason for this weak implementation of the institution, especially since it is mandatory?
One of the main reasons that may contribute greatly to this lack of support of the institution by the local government, are some frequent "misunderstandings" around the Ombudsman. These are even reservations or concerns that are often expressed publicly, for example by municipal or regional councillors, when the issue of the supporter arises during meetings of municipal or regional councils.
Thus, as part of the Observatory's effort to contribute in a constructive way to the support of this institution, it publishes a list of frequent "misunderstandings" which it has identified and to which it attempts to give as simple and documented a response as possible. The list of misunderstandings is, of course, not exhaustive and may be supplemented from time to time, but it is already quite representative. Many thanks are due to Mr Christos Panos, Ombudsman of the Citizen and the Enterprise in the Municipality of Ioannina, for his valuable contribution in capturing the answers.
“Ombudsman is decorative”
The Citizen and Business Ombudsman is an institution that has existed in Europe since the 1970s. It was established in Greece in 2010. It has the character of an independent authority within the Municipality and has two main responsibilities: On the one hand, the handling through mediation of complaints by citizens and businesses on issues of maladministration by municipal services and on the other hand, the formulation of proposals for the improvement of the services of the Municipality. In practice, it deals not only with maladministration but also with requests and problems of citizens, which are institutionally put to the Municipal Authority by the Supporter and their course is monitored. In this way, the citizen has to address his/her issues to an independent authority, thematically located in his/her Municipality or Region and thus avoids extra-institutional phenomena, such as Rousfeti, "service" etc. which with its proper institutional function is anything but decorative.
Beyond that, the proper institutional function of the institution consists in the role and procedures that the Supporter is called upon to shape, which are not necessarily the same in each Municipality or each Region, as they need to be adapted:
- available resources
- the specific circumstances of the local or regional authority concerned;
- The Reality of Understaffing
- the personal abilities and background of the person undertaking this mission.
Having mentioned the above, together with the fact that “the supporter is administratively supported by the services of the municipality, which are obliged to provide every possible assistance” (Law 3852/2010, Article 77(3)), it is clear that the ability of the citizen’s supporter to effectively perform his or her work in a municipality depends on a number of factors. Many of them stem from the will of the municipal authority and the administrative services to support the Ombudsman in the performance of his duties.
“The Ombudsman is an extra cost”
The institution of the Citizen’s Ombudsman is not “optional”. If a municipality meets the criteria set by Law 4623/2019 (i.e. has more than 20,000 inhabitants or is an island) it is obligated initiate the selection process for an Ombudsman. By extension, the Municipality is obliged to provide for the corresponding expenditure in its annual budget. Moreover, this expenditure is small - given the small amount of the Ombudsman's remuneration - and in any case the benefit resulting from the operation of the institution fully offsets this expenditure.
“The Ombudsman is part of the administration of the municipality/region”
The Ombudsman has the character of an Independent Authority. This means that it is Outside the Administrative Hierarchy, does not have a manager and acts freely within the scope of his or her powers. It is not possible and it is illegal to assign him to carry out the work of the Municipality (it has been observed in some cases). Correspondence arising from the actions of the Ombudsman may be used by the citizens concerned before any other administrative or judicial authority.
“There is a national citizen’s ombudsman for citizens’ complaints, there is no need for a Ombudsman”
The national Ombudsman (Synigoros) is an independent authority with nationwide competence as regards the phenomena of maladministration of the services of the wider public sector of the country. The Ombudsman focuses on issues of maladministration of the specific Municipality or Region where he serves and de facto has a fuller picture of the issues due to proximity. The competence of the two institutions is shared, i.e. the citizen/enterprise concerned can freely choose which of the two to address.
“The Ombudsman is a gendarmerie/punisher”
The Ombudsman of the Citizen and the Enterprise is a participatory and mediating body of the Municipality. Its function presupposes the communication relationship with the other administrative bodies, within the framework imposed by its independent mission.
- The municipal authority is not supposed to indicate to the Ombudsman how to exercise his/her responsibilities, as this would conflict with the principle of impartiality and the independence which governs the operation of the institution.
- However, the effectiveness of the Ombudsman's interventions in some cases presupposes the conciliation, the exchange of views, as well as each other's briefing. The supporter must be independent, but not cut off from the leadership of the municipality and for this reason it must cultivate relations of dialogue and monitoring of the municipality’s policy.
Vassilis Sotiropoulos, Supporter's Manual, Athens: 2014
“The Ombudsman serves the interests of capital/businesses”
There is no evidence or logic to support that view. On the contrary, from all the available annual reports of the Ombudsmen throughout Greece from 2011 until today, it is shown that the vast majority of the requests they have received come from citizens and not from businesses. But also the few requests of companies that have been recorded, concern issues of small and medium entrepreneurship and not large or multinational companies.
“The Ombudsman must necessarily be a lawyer”
The law provides for a person of "well-known prestige and experience" without a more specific qualification of professional status or studies. According to Circular of the Ministry of Interior 1/2020 the City Council can specify the required qualifications of the Supporter as "the decision of the Municipal Council that determines the minimum content of the notice or the notice may also indicate criteria that are judged capable of ensuring in the person of the Ombudsman the characteristics of the recognized prestige and the experience for the filling of the post’ In practice, however, many issues that concern the Complainants have legal aspects.
Therefore, although it is not mandatory to be a lawyer for a candidate for Ombudsman, it is recommended that the training and qualities of candidates be relevant to the responsibilities of an Ombudsman, who needs to have sufficient knowledge of the functioning and rules of the Public Administration as well as the rights of the citizen.
“The Municipality already has an Integrity Advisor, it does not need an Ombudsman”
Law 4795/2021 (Government Gazette, Series I, No 62) established the institution of an Integrity Advisor for the first time in the Greek public administration. The institution mainly concerns ministries, but it is possible to set up an Independent Integrity Advisor Office also in first- and second-level local authorities, if this is deemed necessary due to the responsibilities of the body and the number of employees serving in it. As an institution, it is a mechanism for domestic control of the public sector. Its purpose is to provide a framework for the effective protection of employees who identify, or wish to report, incidents of breaches of integrity or corruption, irregular behaviour and intimidation at work or suffer the consequences thereof. Therefore, the institution of the Integrity Advisor not It is addressed to citizens.
“The Ombudsman cannot defend citizens and businesses at the same time, since their interests are conflicting”
The mission of the Ombudsman is to mediate complaints from citizens and businesses on issues of maladministration on the part of municipal services. The Ombudsman may not intervene in disputes between individuals or between individuals and undertakings. Therefore, the interests of citizens and businesses do not act in a contradictory manner in the context of the operation of the institution of the Ombudsman. Moreover, both individuals and businesses can benefit from the existence of the institution, without the benefit of one conflicting with the benefit of the other, since the mission of the Ombudsman is to improve the efficiency of public services by tackling maladministration, ensuring the impartiality of municipal authorities and upgrading the services provided by the Municipality.
“The ombudsman may not defend the interests of the employee against the administration of the municipality”
The Ombudsman of the citizen and the enterprise is not competent in matters relating to the administrative status of public service staff. I.e. has not the power to intervene in matters such as the integration of a certain person into the public service, any salary or service changes, travel, disciplinary matters or dismissal of a contract staff member after the termination of his contract.
By way of exception, the Ombudsman is responsible for intervening in matters relating to the status of public service staff:
where there is a question of 'discrimination based on racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation'. The Committee for Equal Treatment under the Ministry of Justice is responsible for similar cases of discrimination in the private sector.
b) when an employee in a public service, with any employment relationship, faces unfavourable treatment on grounds of gender and/or marital status.
More generally, an employee can turn to other institutions for issues arising in the public service where they work, such as the Integrity Advisor. In any case, the main role of the Ombudsman is to receive complaints from directly affected natural or legal persons about maladministration of the services of the municipality, its legal persons and its businesses and to mediate in order to solve the relevant problems.