Standard of Control

Abstract

In the examined legal orders, the standard of the ombudsmen’s control is formulated very differently. Partly it is defined positively (e.g. checking observation of the “law”, “good administration”, “all obligations” or “human rights”), partly negatively (e.g. checking to discover “rights violations”, “deficiencies”, or “maladministration”). Prevalently, such formulations are applied in an accumulative way. The interpretations of these regulations by the various ombudsmen show a similar structure: Demonstrated in a simplified manner, the standard of control amounts to 1. legal rules, 2. principles of “good administration” or “équité” and — as a separate category — 3. human rights.