Coordinating Ombudsmen and the Judiciary
A comparative view on the relations between ombudsmen and the judiciary in the Netherlands, England and the European Union
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.
|Type of product||Book|
|EAN / ISSN||9781780682181|
|Series name||Ius Commune Europaeum|
|Number of pages||xiv + 410 p.|
|Access to exercice||No|
|Publication Date||Mar 28, 2014|
|Available on Jurisquare||No|
|Available on Strada Belgique||No|
|Available on Strada Europe||No|
|Available on Strada Luxembourg||No|
- Table of Contents
- PART I - INTRODUCTION
- Chapter 1. General introduction
- Chapter 2. Research design
- PART II - Relations between the National Ombudsman and the courts in the Netherlands
- Chapter 1. The National Ombudsman
- Chapter 2. System of the Dutch courts
- Chapter 3. Institutional coordination of ombudsman-judiciary relations in the Netherlands
- Chapter 4. Case coordination of ombudsmen – judiciary relations in the Netherlands?
- Chapter 5. Normative coordination of ombudsman-judiciary relations in the Netherlands?
- PART III - Relations between ombudsmen and the judiciary in England
- Chapter 1. The Parliamentary Ombudsman and the Local Government
- Chapter 2. Judicial authorities in England
- Chapter 3. Institutional coordination of ombudsman–judiciary relations in England?
- Chapter 4. Case coordination of ombudsmen-judiciary relations in England?
- Chapter 5. Normative coordination of ombudsman-judiciary relations in England
- PART IV - Relations between the European Ombudsman and the Court of Justice of the European Union
- Chapter 1. The European Ombudsman
- Chapter 2. The Court of Justice of the European Union
- Chapter 3. Institutional coordination of ombudsman-judiciary relations in the EU
- Chapter 4. Case coordination of ombudsman-judiciary relations in the EU?
- Chapter 5. Normative coordination of ombudsman-judiciary relations in the EU
- PART V - Findings, Amendments, Comparison and Conclusions
- Chapter 1. Theories and ombudsman-judiciary relations
- Chapter 2. Findings, evaluations and amendments
- Samenvatting (Dutch summary)
- Annex 1 - Interview questions
- Annex 2 - Interviewed persons
- Annex 3 - Lists of normative standards of the researched ombudsmen
- Curriculum vitae