independent channel against maladministration
Ombudsman
Serve as an independent channel for complaints about maladministration, abuse of power or rights violations within Candeian institutions.
Pre-Foundation · permanent institution not installedConstitutional Proposal · reference text · not promulgated
Why it exists
Not every problem needs to begin in a court. The Ombudsman is the proposed independent route for receiving complaints, requesting information and recommending corrections when a Candeian institution is functioning poorly.
How it helps people facing an unfair decision
Defend people against maladministration, abuse of power and rights violations by receiving complaints, investigating, requesting information and recommending corrections.
Receive protected external complaints and reports. Investigate maladministration and rights violations. Independently review refusals and classifications concerning access to information and refer matters to courts/oversight bodies when necessary.
One Ombudsman, with a Plural Human Rights Advisory Council that has no power to direct individual cases.
The Ombudsman is elected by the Assembly by a three-fifths majority from a public list of three candidates prepared by the Constitutional Appointments Commission after an open, plural and merit-based process.
A single seven-year term.
The Ombudsman receives no instructions from the Government, Assembly, a party, the Founder or an investigated institution; priorities, investigations and reports are set autonomously.
An independent budget, staff under the Ombudsman’s direction and independent investigative capacity under Art. 265.
Only for expressly defined serious grounds, by decision of at least 6 of the 9 members of the Constitutional Court after constitutionally authorised proceedings are initiated.
Recommendations require a reasoned response from the Administration; access-to-information decisions preserve judicial appeal; the Advisory Council broadens participation without taking over decisions.
Protected complaints and records, recommendations, public reports, access-to-information statistics, opinions and human-rights proposals.
It recommends and oversees within its mandate; it does not replace a court, the Public Prosecution Service, a specialised regulator or a competent administrative authority. External cooperation is not international accreditation.
What it can do in practice
- Receive protected external complaints and reports.
- Investigate maladministration and rights violations.
- Independently review refusals and classifications concerning access to information and refer matters to courts/oversight bodies when necessary.
Recommending is not replacing other authorities
The Ombudsman does not replace a court, the Public Prosecution Service, a specialised regulator or a competent administrative authority. Its role is to investigate maladministration and press for correction within its mandate.