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JO-ämbetet: en offentligrättslig studie
Stockholm University, Faculty of Law, Department of Law.
2001 (Swedish)Doctoral thesis, monograph (Other academic)Alternative title
The parliamentary Ombudsman : The parliamentary Ombudsman : a study in public law (English)
Abstract [en]

This dissertation is written in the field of public law and examines the Swedish Office of the Parliamentary Ombudsman (OPO). The work examines the legal regime governing the OPO as well as the provisions directly relevant to the functions of that office. The OPO is governed by the Instrument of Government, the Riksdag Act and the Ombudsman's Instruction; these rules are examined in detail.

The dissertation seeks to answer two questions. The first reads as follows:

* Why has the OPO, despite changed constitutional and societal conditions, retained its raison d'être?

In summary, the Ombudsman's complaint review procedure appears to be of great significance in that it upholds the legitimacy of the exercise of public power in the eyes of the citizenry. Through the work of the Ombudsman, citizens obtain an independent and highly expert legal review of the case, which can result in well-deserved satisfaction for the individual. It is however mainly within the context of the Ombudsman's critical and legal pronouncements that the OPO has its greatest significance today. The critical pronouncements have an important preventive effect and the legal pronouncements have earned a central position within certain legal fields. Many fundamental rules of procedure, of significance for the constitutional state and the individual's right to due process, would otherwise have remained vague and ambiguous.

The dissertation's second question reads as follows:

* Whether the OPO, considering its purpose, is subject to a satisfactory regime?

The author answers this question in the negative. The Ombudsman's most important purpose is to exercise supervision of the public administration's conformity with the applicable legal rules and the dissertation presents a number of cases where the Ombudsman is able to cite flagrant violations of constitutional rights and fundamental due process guarantees without any forceful response, in the form of prosecution or a report for disciplinary measures, has been forthcoming. The cases have generally only resulted in critical pronouncements. There are strong indications that the Ombudsman lacks sufficient powers to impose sanctions. The dissertation presents a proposal to equip the Ombudsman with the power to grant damages when a public body has violated its duties. The main argument in favour of this solution is that this would be an effective means of strengthening the Ombudsman's possibilities to forcefully condemn improprieties committed by public bodies. Such a reform would also increase the OPO's credibility in the eyes of complainants and, ultimately, the public at large. 

Place, publisher, year, edition, pages
Stockholm: Juridiska institutionen, Stockholms universitet , 2001. , 425 p.
Keyword [sv]
Riksdagens ombudsmän, Processrätt, Sverige
National Category
Law (excluding Law and Society)
Research subject
Legal Science
Identifiers
URN: urn:nbn:se:su:diva-141546ISBN: 91-7265-323-X (print)OAI: oai:DiVA.org:su-141546DiVA: diva2:1088452
Public defence
2001-09-14, 10:00 (Swedish)
Opponent
Note

Sammanfattning på engelska med titeln: The parliamentary Ombudsman : a study in public law.

Stockholms universitetsbiblioteks retrospektiva digitalisering. Avhandlingar 1906-2003.

Available from: 2017-04-12 Created: 2017-04-12 Last updated: 2017-07-05Bibliographically approved

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