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The National Ombudsman in the Netherlands*

Published online by Cambridge University Press:  21 May 2009

J.B.J.M. ten Berge
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Extract

From 1 January 1982 the Act of 4 February 1981 (Off. Gaz. 1981, No. 35) dealing with the institution of the National Ombudsman and the amendment of a number of laws, entered into force. From this date there has been a national Ombudsman in the Netherlands. His function within the organisation of the State is comparable to the General Chamber of Audit, i.e., a High Council of State.

Type
Articles
Information
Netherlands International Law Review , Volume 32 , Issue 2 , August 1985 , pp. 204 - 224
Copyright
Copyright © T.M.C. Asser Press 1985

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References

1. The citation text of the law is the National Ombudsman Act. Nevertheless, the Act also includes the basis for separate complaint procedures against members of the judiciary. A complaint against a judge is dealt with by the Supreme Court, except for a complaint against a member of the Council of State; this is dealt with by the Council of State itself.

2. In writing this article the author has used his own contribution to Dutch administrative procedural law: Berge, J.B.J.M. ten and Tak, A.Q.C., part II, (Zwolle 1983) p. 290Google Scholar et seq. Other literature on the WNO includes: Stolk, P.J., De Nationale Ombudsman (Zwolle 1983)Google Scholar; Kirchheiner, H.H., De Nationale Ombudsman in democratisch perspectief (Ijmuiden 1983)Google Scholar. Mention should also be made of the quarterly journal, Ombudsman, a journal for the law regarding complaints and discipline, published by Kluwer, Deventer.

3. The Annual Report is always dealt with in detail, verbally and in writing by the Permanent Committee for the Ombudsman in the Second Chamber of Parliament. The written report provides a valuable supplementary description of the way in which the institution of the Ombudsman functions.

4. Berge, J.B.J.M. ten, ‘Ombudsman: raadsman of rechter’, 1 Ombudsman (1983) p. 251Google Scholar et seq.; Franken, H., ‘Een personalistisch ambt’, 93 RM Themis (1984) p. 225 et seq.Google Scholar

5. Appendix Hand. II (Parliamentary Records), 1983–1984, 18358, No. 2, p. 16.

6. Vermeulen, H.A.A.G., ‘Bevoegdheid Nationale Ombudsman ten aanzien van rijksambtenaren’, 2 Ombudsman (1984) p. 221 et seq.Google Scholar

7. Appendix Hand. II, 1982–1983, 17875, No. 2, p. 11.

8. Ballin, E.M.H. Hirsch, ‘Beginselen van klachtprocesrecht en de Wet Nationale Ombudsman’, 1 Ombudsman (1983) p. 3 et seq. and p. 54 et seq.Google Scholar