Council of Europe approved Principles on Protection and Promotion of the Ombudsman Institution of Venice Commission

The Council of Europe has approved the Principles on Protection and Promotion of the Ombudsman Institution adopted by the Venice Commission.
It is important to note that these principles are in line with the key provisions of the Business Ombudsman Council operation and the draft law No.3607 “On the Business Ombudsman Institution in Ukraine” (Law) which should establish the legal basis for the office operation at the legislative level.
We would like to share some principles developed by the Venice Commission which prove that the BOC was established and functions in compliance with the best European practices.
◾️ Strong legal framework. In its activities, the Business Ombudsman Council is guided by the Resolution of the Cabinet of Ministers №691 “On the Establishment of the BOC”. However, in order to stabilize effective operation of the institution, the BOC status should be regulated by law.
◾️ Unlimited and unimpeded access to information for internal use. The law gives the Council access to the necessary information for internal use (except for state secrets) to conduct effective analysis of the state bodies’ decisions concerning its complainants.
◾️ Institutional competence extends to state bodies at all levels. The law obliges state bodies outside the supervision of the Cabinet of Ministers (Prosecutor’s Office, Security Service of Ukraine, local government authorities) to cooperate with the Business Ombudsman (BO).
◾️ Free services. The Council considers complaints from business affected by malpractice of state bodies free of charge.
◾️ Independence and impartiality. The BO and its deputies are not engaged in political or other professional activities incompatible with these principles. A similar provision is foreseen by the draft law No.3607: the institution is not controlled by any state bodies.
◾️ Recommendations to state bodies. The BOC provides recommendations to state bodies on ways to eliminate violations of legal rights and systemic issues of business. The law enshrines the right of the Council to publicly present such recommendations to the parliament or the government. In particular, the Institution has the right to provide opinions on analysis of legal acts.
◾️ Reporting. The BOC reports to the parliament on its activities at least once a year. According to the law, the Council submits an annual report to the parliament on the results of its work.
◾️ Transparent and clearly regulated selection for the position. In accordance with the Venice Principles the Business Ombudsman is selected transparently following the established procedure and includes precisely defined requirements (criteria) for the candidates.
You can read “The Venice principles” of the Venice Commission here: https://bit.ly/2GclN6Q