Greek Ombudsman

Date established

10 April 1998
 
Mode of establishment

Enabling legislation: Law 2477/1997, amended by Law 3094/2003.

Constitutional Amendment 2001: Articles 101A & 103, par. 9.
The Greek Ombudsman is a constitutionally established independent authority. It started operations on 1st October 1998 and it provides its services to all citizens free of charge. Its organization, staffing, and operation are defined in Law 3094/2003 and by the Operating Regulations (Presidential Decree 273/1999), in the context laid out by the provisions of the Constitution following its revision in 2001.In 2005 the GO designated as Specialised Equality Body for the implementation of the principle of equal treatment in the public sector. More specifically, the GO has specific mandate:
-    for the implementation and promotion of the principle of equal treatment irrespective of race or national origin, religion or other beliefs, disability, age or sexual orientation in the public sector: law 3304/2005, in compliance with Council Directives 2000/43/EC and 2000/78/EC.
-    for the monitoring and promotion of implementation of the principle of equal treatment between men and women as regards access to goods and services in the public sector: law 3769/2009, in compliance with Council Directive 2004/113/EC.
-    for the monitoring of the implementation of the principle of equal treatment between men and women in both private and public sector: law 3488/2006 in compliance with Council directive 2002/73/EC, which has amended Council directive 76/207/EC.

The complete texts of these laws can be found on the Greek Ombudsman’s website:

www.synigoros.gr
 
Status

Independent Authority
Law No. 3094, 22 January 2003
Title of Act: The Ombudsman and other provisions http://www.synigoros.gr/en_law.htm

Mandate/objectives

The mission of the Greek Ombudsman is to mediate between the public administration and private individuals, in order to protect the latter’s rights, to ensure the former’s compliance with the rule of law, and to combat maladministration. The Ombudsman also deals with the protection and promotion of the rights of children. In 2004, the new institution of Ombudsman of Health and Social Solidarity was included in the Office of the Greek Ombudsman. Also, as of the enactment of Law 3304/2005 with reference to “the application of the principle of equal treatment regardless of ethnic origin, religious or other convictions, disability, age or sexual orientation”, the Ombudsman’s role was extended to cover the promotion of equal treatment by public administration services. Finally, according to Law 3488/2006, the Ombudsman is responsible for monitoring the implementation of the principle of equal treatment of men and women as to their access to employment and occupation, vocational training and promotion, in the terms and conditions of employment and recently, after enactment of law 3769/2009, as to their access to goods and services in the public sector.
 
Grounds of discrimination covered

Racial and ethnic origin, age, religious and other beliefs, sexual orientation, disability and gender.

Competences and responsibilities

The Ombudsman has jurisdiction in cases where the service/es involved is/are:
-    the public administration,
-    local and regional authorities,
-    other public bodies; public private partnerships, public corporations, local government enterprises and undertakings whose management is directly or indirectly determined by the state by means of an administrative decision or as a shareholder.

More precisely, the Ombudsman investigates cases in which a public unit service, whether individual or collective:
-    by an act or by omission, infringes upon a right or interest protected by the Constitution and the law,
-    refuses to fulfill a specific obligation issuing from a court decision against which there is no right of appeal,
-    refuses to fulfill a specific obligation imposed by a legal provision or by an administrative act,
-    acts in violation of the principles of good administration and transparency or in abuse of power, or fails to act in a lawful way (Art. 4 . law 3094/2003)

The Greek Ombudsman has no mandate:
-    in cases concerning the staff regulations of public sector employees, unless they involve discrimination based on gender, ethnicity, race, belief, etc
-    if more than six months have elapsed since the complainant was informed of the illegal act or lack of action of the public administration
-    to represent citizens in court
-    to examine acts by private citizens (see above for the two exceptions)
-    in cases concerning the staff regulations of public sector employees, unless they involve discrimination based on gender, ethnicity, race, belief, etc
-    in cases pending before the courts
-    in actions of the courts, the Legal Council of State, independent authorities or public religious institutions
-    in actions of ministers and deputy ministers with respect to implementation of policy

Investigative powers:
The Ombudsman can:
-    Request from the public services any piece of information, document, or other element concerning the case;
-    examine persons;
-    carry out on-site investigations and call for expert opinions.
-    Set a time limit within which the public services concerned should inform the Ombudsman, either on the steps taken to comply with its recommendations or of the reasons for which these recommendations cannot be applied.
-    Draw up a report, in cases where the response of the public service concerned is not satisfactory, which is submitted for action to the service involved and to the responsible minister.
-    Publicize the stance of the service with regard to the institution's recommendations
-    If, during the course of the investigation, the service refuses to collaborate the Ombudsman may initiate disciplinary proceedings. In addition to this, if there is tangible evidence of the perpetration of a criminal act, the Ombudsman refers the case to the competent public prosecutor.


Type of remedy:
-    Recommendations (non-binding).
-    Special reports addressed to the competent ministers on the findings of important cases in order to promote administrative remedies
-    Annual reports where important thematic cases are presented and specific recommendations are formulated for the improvement of administrative practices or amendments of the law, in order to remedy mal-administration or discrimination.

Main activities

-    Independent investigation is the Greek Ombudsman’s main method of action.
-    Findings have proven useful to individual complainants and NGOs for further legal proceedings.
-    Advice is case based and part of the citizen/user-friendly orientation of the Ombudsman services.

Publications

Annual Reports, thematic publications and leaflets: http://www.synigoros.gr/en_index.htm
Contact the Ombudsman’s offices for further information.

Promotion of equality

Law 3304/2005 took effect incorporating in the Greek legislation the EC Directives 2000/78 and 2000/43 “for the promotion of the principle of equal treatment and the fight against discrimination on grounds of race, nationality, religion or belief, disability, age, sexual orientation”.

In addition to strengthening and broadening the competences of the GO by allowing it to mediate in individual cases after a complaint, the new provisions codify a range of further institutional possibilities for action. Thus, in order to promote equal treatment, the GO may broaden and intensify the investigation and its mediation to a wider or higher level. It may draw up the related report and actively participate in the coordination and awareness of the state authorities and civil society.

Within the framework of this enlarged scope of action, the Ombudsman has been cooperating with the Committee for Equal Treatment of the Ministry of Justice and the Labour Review Board, institutions which, although not stricto sensu independent authorities, have taken on the role of agencies for the promotion of equal treatment in the private sector.

For the promotion of equal treatment the Greek Ombudsman carries out training programmes on discrimination mainly designed for civil servants and students of the National School of Public Administration, publishes annual reports and has created a separate internet site which offers advice to victims of discrimination and provides extensive information on the relevant legislation.

A recent initiative worth mentioning in further detail was the establishment by the Greek Ombudsman of an open communication network for the Roma.

Specifically, in early 2007 the Greek Ombudsman addressed an open invitation through its website and major newspapers to NGOs and other civil society bodies involved in protecting and supporting the Roma. It called for an unofficial partnership between the various stakeholders in order to share information, knowledge and collectively work for the promotion of equality and, overall support, of the Roma population. The network currently numbers more than 30 partners.

The need to establish regular contact with those groups of the population who suffer systematically from discriminatory actions and exclusion has been pressing and this is the reason why the Greek Ombudsman launched this network. It aims at encouraging the mediation by these bodies between the targeted population group and the Greek Ombudsman, the dissemination of critical information related to institutional tools and know-how and the gathering of information on the crucial problems faced by these groups; but, above all, the main objective has been the joint coordination of action for the participating bodies.

Finally, the provisions of Law 3488/2006 aim at mapping systematically a comprehensive regulatory framework implementing in the most effective way the principle of equal treatment of men and women in employment through a system of expanded legal protection and innovative legal tools. This law incorporates Directive 2002/73/EC of the European Parliament and the Council that modified the Council’s Directive 76/207/EEC “on the implementation of the principle of equal treatment for men and women as regards access to employment and occupation, vocational training and promotion, and working conditions”. Law 3488/2006 reinforces and extends the role of the Greek Ombudsman establishing him as the competent body for monitoring the implementation of the principle of equal treatment of men and women in the field of employment.

Management

The Ombudsman of Greece with 6 Deputy Ombudsmen who head the following departments: a) Department of Human Rights, b) Department of Health and Social Welfare, c) Department of the Quality of Life (environment, urban planning, land use, public works, etc.), d) Department of State-Citizen Relations (quality of services provided, maladministration), e) Department of Children’s Rights, and, the newly instituted, f) Department for Gender Equality.
 
The Deputy Ombudsman for Human Rights is acting Ombudsman in the Ombudsman’s absence and he is acting as inter-departmental Coordinator for the fulfillment of the specific mandate on discrimination.
 
Nomination of senior staff and board

The Ombudsman is nominated by the Parliament. According to the amendment of 2001, the Greek Constitution provides that heads of independent authorities (e.g. Greek Ombudsman) enjoying constitutional status are selected by the Conference of Parliament Chairmen (Presidium), with unanimity, if possible, or with an increased majority of four-fifths of its members.
 
The Deputy Ombudsmen are appointed by decision of the Minister of Interior, Public Administration and Decentralisation on the recommendation of the Ombudsman. Staff members (senior and junior investigators) are selected through public competition by a committee presided by the Ombudsman and have indefinite contracts.
 
Number of staff 

189 (including administrative support staff)
 
Budget

EUR 858,000

 
Accountability

Annual Report submitted to the Parliament of Greece. The relevant parliamentary committee may summon the ombudsman for a public hearing. 
 
Additional relevant information

Annual Report 2005 (http://www.synigoros.gr/docs/SYNIG_2005_32SEL_ENGL_INTERN.pdf)
Annual Report 2006 (http://www.synigoros.gr/diakriseis/pdfs/12_10_EqualTreatmentReport2006.pdf)
Annual Report 2007 (http://www.synigoros.gr/pdf_01/annual_07/07_04.pdf)

Address
5 Hatziyianni Maxi Str.
11528 Athens, Greece.
T: +30 210 7289600
F.: +30 210 7289643
synigoros@synigoros.gr

Contact details
Andreas Takis, Deputy Ombudsman for Human Rights
Inter-Departmental Coordinator of the teamwork on discrimination issues
Ph: +30 210 7289640
andreastakis@synigoros.gr

Kalliopi Lykovardi, Senior Investigator,
Human Rights Department
Ph: +30 210 7289619
lykovardi@synigoros.gr

Dimitris Veremis, Senior Investigator
Human Rights Department
Ph: +30 210 7289822
veremis@synigoros.gr

Further information
www.synigoros.gr