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2009 Assessment

Slovakia: Integrity Indicators Scorecard

Slovakia: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	In law, 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?	80
57	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, 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: The name of the national ombudsman agency is: Public Defender of Rights.

References: Act No. 564/2001 Coll. on Public Defender of Rights [ LINK ] (click on "predpisy" in the upper left corner, then enter into the third line, window "predpis c.:" 564/2001, click on the green button "vyhladat" and then clik on the number of law - green version)

Is the national ombudsman effective?

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

Score:

YES

Comments: The agency has formal organizational independency, e.g. National Ombudsman (Public Defender of Rights) is elected by the National Council of the Slovak Republic. However, the current head of the agency is a former member of one of the coalition's political parties.

References: Act No. 564/2001 Coll. on the Public Defender of Rights as amended; [ LINK ] (click on "predpisy" in the upper left corner, then enter into the third line, window "predpis c.:" 564/2001, click on the green button "vyhladat" and then clik on the number of law - green version)

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

Score:

100

Comments: The National Ombudsman does not feel such pressure and scandals of this kind have not been mentioned in media. However, as he is a nominant of one of the coalition's parties, he could be influanced by some political incentives.

References: website, SITA, January 10, 2007, Kandrac from HZDS-LS Candidate for Ombudsman, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

Peer Review Comments: The ombudsman is often silent on politically sensitive topics.

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

Score:

100

Comments: The National Ombudsman is protected from removal, unless he was sentenced for a criminal act or works on another function which is incompatible with his function or due to medical reasons.

References: Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

Ms. Zuzana Caputova, Lawyer, Via Iuris, Center for Public Advocacy (Pezinok, March 25, 2010)

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

Score:

100

Comments: The planned amount of employees is 40. At the moment the agency has 36 employees. Ideal would be to have 6 more lawyers and 3 more administrative workers. The lack of people is about 25%. This is a specific problem to the office, it is difficult to employ good lawyers.

References: Annual Report, Ombudsman Agency, April 6, 2009, Annual Report, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

Peer Review Comments: The quality and professionalism of the employees are questionable, too.

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

Score:

100

Comments: The Head of the Office is convinced that he acts independently and that he always seeks staff in accordance with professional criteria. However, as he is a nominant of one of the coalition's parties he could be influanced by the political incentives. Media do not report on family connections or other biases.

References: website, SITA, January 10, 2007, Kandrac from HZDS-LS Candidate for Ombudsman, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

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

Score:

100

Comments: The Ombudsman Agency receives regular and standard funding.

References: Annual Report, Ombudsman Agency, April 6, 2009, Annual Report, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

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

Score:

100

Comments: The Ombudsman Agency regularly makes publicly available reports. Reports are available online and also available upon request free of charge in the form of a printed document in the Ombudsman Agency office. Reports outline the scope of its work.

References: Annual Reports, Ombudsman Agency, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

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 Ombudsman Agency is quite successfull when acting on proposal. With regards to its own initiative, there are some competences the agency does not take advantage of - e. g. the possibility to initiate proceeding at Constitutional Court.

References: Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

Mr. Radoslav Prochazka, Constitutional Lawyer, Prochazka & Partners, Ltd., Teacher at Trnava University (Bratislava, February 18, 2010)

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

Score:

100

Comments: The national ombudsman does not have competence to impose penalties himself but he can turn to relevant institutions or government and advise them to do so.

References: Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

Laco Oravec, Program Director, Milan Simecka Foundation (Bratislava, February 17, 2010)

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: National ombudsman finds the cooperation with other agencies effective. Problems are being solved although the agencies are sometimes slow to act. The anual report shows that over 95% of reported issues were resolved in 2008. Civil society representatives do not think government's politics are influenced sufficiently.

References: Annual Report, Ombudsman Agency, April 6, 2009, Annual Report, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

Ms. Zuzana Caputova, Lawyer, Via Iuris, Center for Public Advocacy (Pezinok, February 25, 2010)

Laco Oravec, Program Director, Milan Simecka Foundation (Bratislava, February 17, 2010)

Peer Review Comments: I do not believe that the government officials take findings of the ombudsman more seriously than they take the findings of the Supreme Audit Office, where the score provided by the lead researcher is 50.

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

Score:

100

Comments: This often depends on the swift reaction of other agencies. There are cases which take longer than one month to solve. There are not any statistics on timely solution of complaints.

References: Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

Can citizens access the reports of the ombudsman?

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

Score:

YES

Comments:

References: Act No. 564/2001 Coll. on the Public Defender of Rights as amended; Article 23 [ LINK ] (click on "predpisy" in the upper left corner, then enter into the third line, window "predpis c.:"564/2001, click on the green button "vyhladat" and then clik on the number of law - green version)

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

Score:

100

Comments: Reports are available online and also upon request free of charge in the form of a printed document in the Ombudsman Agency office. They are issued yearly within four months after the end of a year.

References: Annual Reports, Ombudsman Agency, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)

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

Score:

100

Comments: Ombudsman Agency reports are available online and in a printed form. Both are free of charge.

References: Annual Reports, Ombudsman Agency, [ LINK ]

Mr. Pavel Kandrac, National Ombudsman, Office of National Ombudsman (Bratislava, March 9, 2010)