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2008 Assessment

Lithuania: Integrity Indicators Scorecard

Lithuania : Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	75
57	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

55: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: Ombudsmen of the Seimas (Parliament) of the Republic of Lithuania, The Equal Opportunities Ombudsman, Ombudsman for Children

Law on the Seimas (Parliament) Ombudsmen: [ LINK ]

Law on Equal Opportunities for Women and Men: [ LINK ]

Law on Equal Treatment: [ LINK ]

Law on the Ombudsman for Children: [ LINK ]

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Law on the Seimas (Parliament) Ombudsmen (Article 4): [ LINK ]

Law on the Ombudsman for Children (Article 3): [ LINK ]

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: Some positions of ombudsman were appointed with consideration of their loyalty to the then-President of the Parliament.

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: The director of the ombudsman serves a defined term, but can in some cases be removed through a combination of official or unofficial pressure. There is no formal need of some kind of legal violation. Simple discontent with his job performance is sufficient grounds for removal.

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The agency will start or cooperate in investigations, but sometimes sets priorities according to external pressure, or has limited effectiveness when investigating (also see 56c).

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The ability to impose penalties on offenders is granted to the Legal Opportunities Ombudsman only.

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

Egle Kavoliunaite, head of Legal System Research Department, Law Institute (Vilnius, Sept. 1, 2008)

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman\'s reports are often ignored, or given superficial attention. Ombudsman's reports do not lead to policy changes.$

Comments: In most cases, an ombudsman's report is acted upon, though some exceptions may occur due to politically sensitive issues or with particularly resistant agencies (especially those that have strong political support from the Parliament).

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Egle Kavoliunaite, head of Legal System Research Department, Law Institute (Vilnius, Sept. 1, 2008)

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: Law on the Seimas (Parliament) Ombudsmen (Article 11): [ LINK ]

Law on Equal Opportunities for Women and Men (Article 27): [ LINK ]

Law on the Ombudsman for Children (Article 10): [ LINK ]

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Egle Kavoliunaite, head of Legal System Research Department, Law Institute (Vilnius, Sept. 1, 2008)

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: Henrikas Mickevicius, Human Rights Monitoring Institute (Vilnius, Sept. 22, 2008)

Mindaugas Lankauskas, acting head of Legal System Research Department, Law Institute, (Vilnius, Sept. 2, 2008)