The National Ombudsman
The position of National Ombudsman was created by virtue of the Decree of December 10, 1992, and then confirmed and enlarged by virtue of the Law of May 3, 1993 establishing a public institution called “National Ombudsman Services”. The National Ombudsman examines the claims submitted by private individuals regarding administrative issues of concern to them and falling under the attributions of the Services of the States, local public collectivities, public institutions having an administrative character, public enterprises, and other institutions entrusted with a public service mission. The National Ombudsman also examines claims made by enterprises regarding administrative issues of concern to them. The claim must, however, be submitted by a private individual having a direct interest. Under Tunisian legislation, citizens have the right to submit their matters directly to the National Ombudsman. No preconditions or formalities are required; and the referral of matters can be made in all cases and through all means deemed adequate by the claimant. The field of competence of the National Ombudsman is very large. Only conflicts arising between institutions entrusted with a public service mission and their staff regarding their administrative career fall outside the Ombudsman’s field of competence. This limitation is, however, no longer applicable after termination of functions, or in case of non-enforcement of a court decision. Are also excluded from the field of competence of the Ombudsman the claims pertaining to proceedings engaged in courts, and the challenging of a court decision. To facilitate the task of the Ombudsman and ensure more efficiency in his work, ministries and other public authorities are required, under Tunisian legislation, to authorize all staff members falling under their authority to respond to the questions and summons of the Ombudsman. Similarly, control bodies are required to make, within the limit of their competence, all acts of checking and investigation required by the Ombudsman. To smooth out the difficulties submitted by claimants, the Ombudsman makes recommendations that he deems likely to settle the conflict. He sees to the enforcement of laws and legislations, and can, when the application of legislative and regulatory provisions seems to lead to an injustice, recommend to the institution in question to settle in all fairness the claimant’s situation.
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