News - Date Friday | 25 October 2024
Case SI/1/2024/KR - Opened on Wednesday | 07 February 2024 - Decision on Wednesday | 23 October 2024 - Institution concerned European Commission - Country France

• Inquiry opened

  25/01/2024

• Inquiry ongoing

  07/02/2024

• Inquiry outcome

  23/10/2024

The Ombudsman has suggested the European Commission make public all future opinions adopted by the independent ethics committee concerning former commissioners’ post-mandate jobs.

Former commissioners are required to give the Commission two months’ notice when they intend to pursue a professional activity during the two years following their departure. The Commission then examines whether the intended activity is compatible with the commissioner’s post service obligations. If the activity is related to the former commissioner’s portfolio, the Commission consults with the Independent Ethical Committee before taking a decision.

Under the Commission’s current practices, if a commissioner withdraws an approval request following a negative opinion from the ethics committee, the Commission does not publish the committee’s opinion.

The Ombudsman noted that publishing these opinions would improve transparency and public scrutiny around the Commission’s ability to ensure former commissioners’ post mandate activities are compatible with their duties. At a minimum, the Commission should publish statistics on the negative opinions of the ethics committee and on the approval requests it receives from former commissioners.

Given that current commissioners will be leaving office soon, the Ombudsman stressed the importance of ensuring public trust in the Commission’s ethics framework and its implementation.

Code of Conduct

The Ombudsman’s suggestion follows a letter she sent to the Commission asking how it intends to ensure compliance with ethics and post-mandate employment rules for outgoing commissioners.

As part of its response, the Commission mentioned that its Secretary-General had written to current commissioners about their post-mandate obligations, cautioning them in particular against exploratory contacts with possible future employers while still in office.

The Ombudsman welcomed this development but suggested the Commission also update the Commissioners’ Code of Conduct to include its approach to exploratory contacts.

The Ombudsman’s Office is concerned about the lack of protection for migrants with documents that have expired, and calls for the dissemination of information on the subject to be stepped up among public administration services and foreign citizens in Portugal.

This concerns the situation of migrants from countries outside the European Union (EU) and applicants for international protection, since a large number of foreign citizens in Portugal currently hold residence or residence documents with an expiry date, which nevertheless remain fully valid for all legal purposes.

According to the legislation in force (Decree-Law no. 10-A/2020 of 13 March), residence and stay permits that have expired as of 22 February 2020 will continue to be accepted until 30 June 2025. Even after that date, the documents will be considered valid if their holders present proof of an appointment for renewal.

The documents covered by this extension include:

• Short-stay, temporary stay and residence visas;

• Residence authorisation certificates for citizens of the Community of Portuguese Speaking Countries (AR CPLP);

• Residence and permanent residence cards;

• Provisional residence permits for applicants for international protection.

EU citizens also benefit from the same extension of the validity of their documents, in the case of registration certificates and permanent residence certificates.

The Ombudsman’s Office has reiterated the importance of public services being properly informed and correctly applying legal measures that ensure the regularity of foreign citizens’ stay in national territory and the validity of expired documents.

On its official website, AIMA provides information in this regard, which can be consulted here.

Complaints and information received by the Ombudsman’s Office suggest, however, that public services are refusing to analyse applications on the grounds of expired documents, despite the fact that the law allows them to be used.

As well as creating unjustified difficulties for people covered by the legal extension, the flaws detected in the information chain translate, in practice, into an unacceptable differentiation in treatment, depending on whether or not they were aware of the law at the time of the service.

The doubts needlessly generated also lead to an overload of foreign citizens coming to AIMA shops to ask for information on the legal extension, which can be avoided and causes entropy in an already highly pressurised service.

The Ombudsman’s Office therefore emphasises the urgent need to improve the dissemination of information on extending the validity of foreign citizens’ documents in Portugal, in order to guarantee that all services are adequately informed and that migrants can exercise their rights without obstacles.

To this end, it suggests that the directorates of the various public services and entities issue guidelines to ensure that the information is properly publicised among the services and their employees, namely by displaying the materials made available by AIMA in the places where citizens are served.

From Office of the Ombudsman 

Published on 24 October 2024

Last updated on 24 October 2024

On Wednesday President Michael D. Higgins hosted a reception marking the 40th Anniversary of the Office of the Ombudsman at Áras an Uachtaráin. There were over 100 members of staff in attendance, who were warmly welcomed by President Higgins and Sabina Higgins.

In his speech the President noted that in any thriving democracy, accountability is a fundamental cornerstone and praised the work of the Office of the Ombudsman in this regard. He noted that the Ombudsman is a vital independent apparatus ensuring that public bodies strive to achieve a quality public service for all, one that is transparent as regards information it provides, as well as timely as regards its decision-making process.

Photos and videos from the event are available to view on the President’s website.

El Defensor del Pueblo, Ángel Gabilondo, se ha reunido este jueves con la representante en España del Alto Comisionado de las Naciones Unidas para los Refugiados (ACNUR), Sophie Muller. Muller, que ostenta esta representación desde el 1 de octubre de 2019, se marcha en breve de España para asumir nuevas responsabilidades en China. Ángel Gabilondo le ha deseado suerte en su nuevo destino.
 
En el transcurso del encuentro han compartido los retos actuales del sistema de protección internacional para atender a las personas solicitantes de asilo y su integración social. Y han destacado la colaboración que siempre ha mantenido ambas instituciones.

Asistieron también a la reunión de despedida la adjunta segunda del Defensor del Pueblo, Patricia Bárcena; la directora de Gabinete del Defensor del Pueblo, Isabel Aymerich; la técnico del Área de Migraciones, Paloma Favieres, y Marta García, responsable de la Unidad de Protección. Oficina del ACNUR España.

Between July and September 2024, the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) dealt with various complaints of people who contacted him in connection with ensuring the human rights of persons with disabilities. He helped the complainants with explanations about their rights and legislation, addressed recommendations to the competent authorities for better realisation of rights, and publicly pointed out the rights of persons with disabilities. The following is an overview of completed consideration of initiatives and various public activities.

Prolonged decision-making on entitlement to disability benefits

The Ombudsman was contacted by a civil servant employed by the Police within the Ministry of the Interior. He stated that in May 2023, the Institute for Pension and Disability Insurance of Slovenia (ZPIZ) recognised his disability as category III with the right to part-time work. In August, in accordance with the ZPIZ decision, he concluded a new contract for part-time employment with his employer. The complainant turned to the Ombudsman because the ZPIZ had not yet issued a decision on the assessment of the amount of partial compensation by January 2024, and had also not yet received an advance payment of the compensation. Due to the inactivity of the employer and the ZPIZ, the complainant was without partial compensation for almost half a year, and for a considerable part of this time, without advance payment of compensation. The Ombudsman found a violation of the right to social security and a violation of the principle of good governance in the conduct of the authorities.obravnavane-pobude/primer/dolgotrajno-odlocanje-o-pravici-do-invalidskega-nadomestila/

Delays continue in deciding on rights under the Act on the Social Inclusion of Persons with Disabilities

The Ombudsman was contacted by a complainant who appealed against a decision on the recognition of the status of a disabled person under the Act on Social Inclusion of the Disabled (ZSVI). After more than a year, he still has not received a decision on the appeal. The Ombudsman made an inquiry at the Ministry of Labour, Family, Social Affairs and Equal Opportunities (MDDSZ) about the timing of the resolution of the complaint. After receiving the Ombudsman's inquiry, the MDDSZ immediately decided on the appeal. The MDDSZ explained that the backlog in resolving complaints under the ZSVI amounted to eleven months and that 24 complaints were pending, the deadline for a decision having already expired. The Ombudsman expects that the measures of the MDDSZ to eliminate the backlog will be successful and effective.

The non-responsiveness of the authorities indicates insufficient commitment to regulating the area of ​​assisted living apartments

In her complaint, a complainant highlighted to the Ombudsman the unequal position of assisted living apartment tenants. In her opinion, in certain assisted living apartments, the possibility of providing services to assisted living apartment tenants should be guaranteed, but not in some other assisted living apartments. She also sent a letter to the Ministry for a Solidarity-Based Future (MSP), but did not receive a response until the Ombudsman intervened. The ombudsman found that the Ministry for a Solidarity-Based Future did not reply to the complainant's letter for more than a year and thereby violated the principle of good management from Article 3 of the Ombudsman Act and the obligation to respond to letters from Article 17 of the Regulation on Administrative Operations. After the Ombudsman's intervention, it responded immediately and sent a reply to the complainant. The Ombudsman concluded the consideration of the specific complaint when the MSP replied to the complainant's letter, but in view of the many perceived shortcomings of the of assisted living apartment system, he decided to open a broader issue based on Paragraph 2 of Article 9 of the ZVarCP, therefore he will carefully monitor the concrete steps and activities of the authorities monitored in the future as well. Indeed, he assessed that it is an important issue of the protection of human rights and fundamental freedoms, as well as the legal security of citizens in the Republic of Slovenia, both in the light of the desire for deinstitutionalisation and in terms of the opportunity to place assisted living facilities in the long-term care system, which until now has been completely overlooked. (more)

The National Preventive Mechanism (NPM) also visited protective work centres between July and September

In July, representatives of the NPM[1] visited the residential unit of the (VDC) Murska Sobota Occupational Activity Centre in Lendava, in August two units of the Črna na Koroškem Centre for Training, Work, and Care, and in September two more units of this centre.

The Deputy Ombudsman warns the National Assembly of key problems in the implementation of personal assistance

On July 11, 2024, Deputy Human Rights Ombudsman Dr. Dijana Možina Zupanc attended the meeting of the Committee for Work, Family, Social Affairs and the Disabled (Committee), where the challenges and shortcomings of personal assistance were discussed. She drew attention to three key challenges in providing personal assistance in Slovenia. The first problem is related to the assessment form for determining entitlement to personal assistance, which should be an integral part of the reasoning behind decisions, so that users can understand decisions and effectively enforce legal remedies. Another problem is discrimination against people over 65, since it is no longer possible to obtain the right to personal assistance after this age, which the Ombudsman considers inadequate and unequal. The third problem relates to the need for a more professional and broad assessment of eligibility for personal assistance. (more)

The Ombudsman presented his regular annual report to the interested committees of the National Council

On 4 September 2024, Ombudsman Peter Svetina attended the joint meeting of the Commission for State Regulation and the Commission for Social Welfare, Labour, Health Care and the Disabled and on 18 September, the plenary session of the National Council, and presented the 29th Regular Annual Report of the Human Rights Ombudsman and the 16th Report of the National Preventive Mechanism, which, among other things, also deals with the human rights of the disabled. In 2023, the institution of the Ombudsman handled a total of 6,225 cases, which is 250 cases more than the year before, and found 262 violations of human rights and fundamental freedoms and other irregularities. The authorities still most often violate the principle of good governance (in 2023, this was the case in 65 cases), unjustifiably delay procedures, violate the principle of equality before the law and the rights of disabled people. This is followed by a violation of the right to social security, a violation of the right to health care, and a violation of the principle that Slovenia is a legal and social state. (more)
 

Chairperson of the ENNHRI Working Group on the Rights of Persons with Disabilities at the Regional Conference on the Rights of Landmine Survivors and Persons with Disabilities

On 29 August 2024, Jerneja Turin, Advisor-Analyst at the Centre for Human Rights and chairperson of the ENNHRI working group for the rights of persons with disabilities, participated in the European Regional Conference on the Advancement of Assistance to Victims and Cooperation. The conference was organised by the Unit for Support of the Implementation of the Convention on the Prohibition of Anti-Personnel Landmines, and the event took place in Ljubljana. During the conference, she contributed to a panel discussion entitled Advantages and Challenges of Using Artificial Intelligence, where she discussed the impact of artificial intelligence on the lives of persons with disabilities. (more)

Participation in the annual meeting with EU members of the Framework for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

The chairperson of the ENNHRI working group for the rights of persons with disabilities, Jerneja Turin, co-organised a meeting of members of the European Network of National Institutions for Human Rights with members of the Framework for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the EU. In addition to representatives of national human rights institutions, the participants included representatives of the European Ombudsman, the EU Agency for Fundamental Rights, committees of the European Parliament and the umbrella NGO European Forum of Disabled Persons. At the regular annual meeting, they discussed their work and observations regarding the state of implementation of the COPI in individual countries and in the EU as a whole.

The Ombudsman prepared a contribution for the fourth cycle of the Universal Periodic Review of Slovenia

The Ombudsman prepared a contribution for the fourth cycle of the Universal Periodic Review (UPR), which takes place within the framework of the United Nations Human Rights Council. Slovenia will be re-examined within the framework of the 48th session of the UPP Working Group, which will take place in January and February 2025. In his contribution, he pointed out the difficulties in realising the rights of persons with disabilities, especially regarding the accessibility of public institutions and the lack of good deinstitutionalisation practices. He highlighted lengthy decision-making processes, recommended unifying legislation, reforming the disability assessment system, and improving community care. He also pointed out the overcrowding of institutions and violations of the rights of residents in social welfare institutions. (more)

Previous overviews of the Ombudsman's activities in the field of the rights of persons with disabilities (clicking on the indents below will take you to the place where they are published):

-        april-junij 2024

-        januar-marec 2024

-        oktober-december 2023

-        julij-september 2023

-        april-junij 2023

-        januar-marec 2023

-        oktober-december 2022

-        julij-september 2022

-        april–junij 2022

-        januar–marec 2022

-        oktober–december 2021

-        julij–september 2021

-        april–junij 2021

-        januar–marec 2021

-        oktober–december 2020

-        julij–september 2020