Ombudsplan 2025 tabled in Parliament

Proposes an Ad Hoc Select Committee of the House of Representatives to examine reports submitted by the Office of the Ombudsman

The Ombudsplan 2025, presented to the House of Representatives by the Parliamentary Ombudsman Judge Emeritus Joseph Zammit McKeon on 11 September 2025, outlines the Office of the Ombudsman’s activities, priorities, and financial requirements for the upcoming year while reflecting on the achievements of the previous period. The document has been tabled in Parliament, and a special session of the House Business Committee will be held to discuss its contents.

The report addresses several key issues that the Ombudsman believes could improve public administration and enhance the public service culture. These include:

Ad Hoc Select Committee of the House of Representatives 

The Ombudsplan 2025 proposes establishing an ad hoc Select Committee within Parliament to examine reports submitted by the Office of the Ombudsman. This would create a formal mechanism for parliamentary oversight, ensuring the Ombudsman’s recommendations are reviewed and acted upon.

The proposed Select Committee would help address the current challenge of public bodies failing to implement the Ombudsman’s recommendations. The Committee would promote accountability and ensure necessary reforms to improve public administration by providing a platform within Parliament for discussion and action.

National Human Rights Institution (NHRI) 

One of the key goals of Ombudsplan 2025 is to establish the Office of the Ombudsman as Malta’s National Human Rights Institution (NHRI). In 2024, the Office became an associate member of the European Network of National Human Rights Institutions (ENNHRI), marking a significant step towards full accreditation as an NHRI.

The plan outlines steps to strengthen the Office’s human rights mandate, enabling it to address broader human rights issues while continuing its core work of overseeing public administration. Establishing the Office as Malta’s NHRI would ensure alignment with international human rights standards and enhance its capacity to safeguard citizens’ rights.

The Right to Good Administration 

The Office of the Ombudsman continues to champion the right to good administration, a principle rooted in European and international law. The Ombudsplan reaffirms the Office’s commitment to ensuring that public bodies act transparently, fairly, and efficiently and respect individuals’ rights in their dealings with public authorities.

Where public administration falls short of these standards, the Ombudsman investigates and provides recommendations to improve governance practices. The report stresses the importance of public bodies taking these recommendations seriously to enhance service quality and uphold the right to good administration.

Access to Justice 

The Office of the Ombudsman provides an alternative and complementary route to the courts, offering a free and accessible way for individuals to seek redress against public authorities. The report highlights the Ombudsman’s unique role in addressing administrative injustice, particularly where legal fault may not be evident but procedural or ethical violations occur.

The Ombudsman plays a critical role in ensuring access to justice, especially for vulnerable individuals who may lack the resources to pursue legal action. By investigating and resolving complaints, the Ombudsman helps to ensure that individuals’ rights are upheld and that public administration operates within a fair and just framework.

Reiterating Ongoing Issues 

The Ombudsplan 2025 revisits issues highlighted in last year’s report, on which little or no progress has been made.

Protocol No. 12 of the European Convention on Human Rights and Fundamental Freedoms 

The report underscores the relevance of Protocol No. 12 of the European Convention on Human Rights, which enshrines the principle of non-discrimination. The Ombudsman’s investigations frequently involve unequal treatment and discrimination within public administration. By aligning its practices with the standards of Protocol No. 12, the Office ensures that public bodies respect the fundamental rights of all individuals, regardless of background.

The Ombudsplan 2025 encourages public administration to fully embrace the principles of Protocol No. 12, ensuring that policies and practices do not disadvantage any group or individual.

Suspension of prescription 

The Ombudsman continues to advocate for the suspension of prescriptions in cases where individuals have filed complaints with the Office. Currently, legal time limits (prescriptions) may continue to run while the Ombudsman investigates, potentially affecting a complainant’s ability to seek further legal redress.

The report argues that suspending prescription during the Ombudsman’s investigation would safeguard individuals’ rights by ensuring their access to justice is not compromised by administrative delays or lengthy investigations.

Commitment to investigating complaints 

The Ombudsman reaffirmed his commitment to impartially investigating complaints lodged by individuals against public authorities. In 2024, the Office handled 372 complaints, reflecting a 6% increase from the previous year. This rise is attributed to heightened public awareness and the Office’s proactive outreach strategy, which also led to an 84% increase in public assistance.

The Ombudsman’s investigation focuses on ensuring fairness and transparency, safeguarding citizens’ rights against maladministration. The report notes that the Office has strengthened its internal processes to manage an increased case volume while maintaining effectiveness.

Own-Initiative Investigations and the common good 

A significant feature of the Ombudsplan 2025 is the continued emphasis on own-initiative investigations, launched without formal complaints to address systemic issues that affect large portions of society. The Ombudsman uses these investigations to promote the common good, targeting widespread concerns and recommending improvements in public administration.

The report highlights the importance of these investigations, as they go beyond individual cases to uncover deep-rooted issues that may otherwise remain unnoticed. These initiatives often lead to policy changes and reforms that benefit the public and contribute to better governance.

The Office and Public Administration 

The relationship between the Office of the Ombudsman and public administration is central to the Ombudsman’s role. The Ombudsplan 2025 outlines the Office’s ongoing efforts to ensure public bodies uphold fairness, justice, and accountability principles. The Ombudsman acts as a bridge between citizens and public bodies, investigating complaints and offering recommendations to improve governance.

While the Ombudsman’s recommendations have led to tangible improvements in several areas, the report stresses the need for stronger cooperation from public bodies. Some recommendations remain unimplemented, limiting the potential for broader systemic improvements.

Download the Ombudsplan 2025

Mercredi 9 octobre 2024, la Défenseure des droits était auditionnée par la Commission des lois de l’Assemblée nationale pour y présenter le rapport d’activité 2023 de l’institution

Comme le veut l’article 36 de la loi organique du 29 mars 2011 relative au Défenseur des droits, le Défenseur des droits présente chaque année un rapport qui rend compte de son activité au Président de la République, au président de l'Assemblée nationale et au président du Sénat. C’est dans ce cadre que Claire Hédon était entendue par la Commission des lois de l’Assemblée nationale.

Dans son allocution, la Défenseure des droits a présenté à la fois les constats et les recommandations faits par l’Institution dans l’ensemble de ses domaines de compétence et a souligné la fragilisation de l’État de droit et des droits et libertés.

Visionner l’audition sur le portail vidéo de l’Assemblée nationale

En savoir plus

• Intervention de la Défenseure des droits devant la Commission des lois de l'Assemblée nationale le 9 octobre 2024 (seul le prononcé fait foi) (pdf, 244.3 Ko)
• Rapport annuel d'activité 2023 (pdf, 3.12 Mo)

Agenda : October 3, 2024

Meeting took place October 3, 2024 - 14:30 - 18:30

1

Adoption of draft agenda

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Agenda - PE763.201 - Adoption of draft agenda

2

Chair's announcements concerning Coordinators' decisions

3

Draft Report on the Activities of the European Ombudsman - Annual Report 2023 PETI/10/00889 *2024/(INI) Rapporteur: Alex AGIUS SALIBA (S&D) Responsible: PETI

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Draft report / Draft recommendation - PE763.122 - Draft Report on the Activities of the European Ombudsman - Annual Report 2023 PETI/10/00889 *2024/(INI) Rapporteur: Alex AGIUS SALIBA (S&D)

4

Petition No 0449/2024 by G. F. (Greek) on the alleged violation of the confidentiality of communications in Greece (in the presence of the petitioner)

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Notice to members - PE763.162 - Petition No 0449/2024 by G. F. (Greek) on the alleged violation of the confidentiality of communications in Greece (in the presence of the petitioner)

5

Petition No 0671/2023 by M.P. (Swedish) on an alleged non- application of the GDPR rules in Sweden Petition No 0781/2023 by A.M. (Swedish) on the alleged breach of the General Data Protection Regulation in Sweden (in the presence of the petitionerby remote connection)

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Notice to members - PE758,939 - Petition No 0671/2023 by M.P. (Swedish) on an alleged non- application of the GDPR rules in Sweden Petition No 0781/2023 by A.M. (Swedish) on the alleged breach of the General Data Protection Regulation in Sweden (in the presence of the petitionerby remote connection)

6

CANCELLED - Petition 0961/2024 on the environmental consequences of constructing a cellulose facility in Galicia (Pending the outcome of the Vote on 30 September 2024 on the Contested Coordinators’ decision of 4 September 2024 to apply the urgency procedure to Petition 0961/2024 and include it in the committee meeting agenda of 3 October 2024)

7

Any other business

8

Date and place of next meeting

9

Petition 1567/2009 by C.M.S.M.C. (Portuguese), on contract teachers in Portugal Petition 1956/2012 by C.I.P. (Portuguese), on behalf of Associação Nacional dos Professores Contratados (ANVPC), on the infringement of the Fixed-Term Work Directive by the Portuguese Ministry of Education and Science Petition 0032/2014 by Pedro Marinho Goncalves Teixeira (Portuguese), on Terms of employment

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Notice to members - 1290202 - Petition 1567/2009 by C.M.S.M.C. (Portuguese), on contract teachers in Portugal Petition 1956/2012 by C.I.P. (Portuguese), on behalf of Associação Nacional dos Professores Contratados (ANVPC), on the infringement of the Fixed-Term Work Directive by the Portuguese Ministry of Education and Science Petition 0032/2014 by Pedro Marinho Goncalves Teixeira (Portuguese), on Terms of employment

10

Petition 1107/2011 by Daniela Spera (Italian), on behalf of the Associazione Legami Ionici, on the ENI Taranto refinery project

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Notice to members - 1304755 - Petition 1107/2011 by Daniela Spera (Italian), on behalf of the Associazione Legami Ionici, on the ENI Taranto refinery project

(...)

On 30 September 2024, the President of the Republic of Slovenia Nataša Pirc Musar at Brdo pri Kranju hosted the fourth President’s Forum, in the forefront of which was the right to healthy living environment. In the light of endangering the entitlement to this right, the participants addressed the challenges of climate change and preserving biotic diversity and tried to find answers how to strengthen the response to them.

The Forum was opened by the President Dr Nataša Pirc Musar, while the participants were addressed also by the Minister of Natural Resources and Spatial Planning Jože Novak, the Minister of Agriculture Mateja Čalušić, and the State Secretary at the Ministry of the Environment, Climate and Energy Uroš Vajgl. At three panels, their views were presented by researchers from different scientific disciplines, representatives of various institutions, and other experts, while their common recommendations will be handed over to the decision-makers.

During the debate, Deputy Ombudsman Dr Dijana Možina Zupanc emphasised that violations of human rights in this field are ongoing, since every year the institution receives almost 200 complaints, of which approximately one fifth is valid. Considering the influence of climate change and other negative consequences of the manner of treating the environment, many more are to be expected in the future. Globally, lawsuits against countries due to violations of rights to healthy environment are increasing.

Based on the treated complaints, the Ombudsman estimated that in Slovenia long-lasting problems in the field of the environment are not being solved adequately. He has also been warning all along that when adopting measures and infringing on the existing human rights, the test of proportionality always needs to be made and evaluate whether the presented option of action is the only one and what damage it can cause. Decision-making bodies must implement the interventions in the environment with a shaky hand and found them very well in order to make them coherent with the demands of the rule of law. Namely, their effect is irreversible and their consequences long-term and instead of being beneficial, they can become a burden for future generations, was emphasised by the Deputy Ombudsman. “Let us not forget that climate change is the reason for numerous economic and war migrations, it causes people’s hardship, and writes tragic stories. The care for the environment is also the care for social stability and for the safety of every single person on this planet, thus short-term profitable goals must not prevail,” she added.

In her words, the Human Rights Ombudsman brings attention of those responsible to the fact that a careful consideration needs to be made when forming environmental policies, with the profound inclusion of other sectors, while simultaneously supervision mechanisms must be strengthened. In addition to respecting international commitments, national regulations are also important. “Acts of the utmost quality are, as a rule, clearer and that makes their implementation easier and faster, while simultaneous inclusion of the public, especially expert public and wide consultation with it, decreases potential oppositions,” concluded the Deputy Ombudsman.

Il Presidente del Coordinamento Nazionale dei Difensori Civici, Dott. Marino Fardelli, annuncia la convocazione di una riunione del Coordinamento delle Regioni e Province Autonome Italiane per il giorno Mercoledì 16 ottobre 2024 alle ore 16.00 presso la sede nazionale in Via P. Cossa, 41, Roma.

La riunione avrà come obiettivo principale la discussione del rafforzamento del ruolo del Coordinamento nel contesto italiano. L’ordine del giorno prevede diversi punti cruciali, tra cui:

1. Approvazione del verbale dell’ultima riunione.
2. Comunicazioni generali.
3. Discussione sul rafforzamento del ruolo del Coordinamento.
4. Relazione del Presidente e dei Vice Presidenti riguardo al programma delle attività in corso e future.
5. Formazione di gruppi di lavoro.
6. Esame delle problematiche territoriali emergenti.
7. Costituzione del comitato di redazione per la “Relazione 2023” del Coordinamento.
8. Calendario delle prossime riunioni.
9. Varie ed eventuali.

“Siamo di fronte a un’importante opportunità per consolidare la nostra presenza e il nostro impatto a livello nazionale – ha commentato il Presidente Marino Fardelli. La riunione del 16 ottobre rappresenta un passo fondamentale per discutere e pianificare le attività future del Coordinamento, nonché per affrontare le sfide che emergono sul territorio. La presenza dei colleghi Difensori civici delle regioni e delle province autonome italiane contribuirà a confrontarsi su idee e proposte per il rafforzamento della nostra missione. Insieme possiamo fare la differenza nel tutelare i diritti dei cittadini e promuovere una cultura di ascolto e partecipazione”.