OMBUDSMAN  Information Network

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SPAIN

People's Defender



In Spain the ombudsman institution was established in 1978. It is officially termed People’s Defender (Defensor del Pueblo). The institution was envisaged in the Spanish Constitution of 1978 and in 1981 the Parliament adopted the Organic Act concerning the Defender of the People (Defensor del Pueblo) to set down in detail its organisation and functions.

The People’s Defender is elected by the Parliament for a term of 5 years. A Joint Congress-Senate Commission is appointed by the Parliament to be responsible for the liaison with the Ombudsman and for reporting thereon to their respective Plenums whatever necessary.

There are no special requirements for the appointment of the Ombudsman – the applicant must be a Spanish citizen, who has attained legal majority and enjoys full political and civil rights. He can be dismissed on stated notorious negligence in the fulfillment of the obligations and duties of his office and in cases of non-appealable criminal conviction (delito doloso). His post is incompatible with any elected office or with belonging to a political party.

The Ombudsman is assisted by two Deputy Ombudsmen to whom he may delegate some of his duties.

The People’s Defender, as a high parliamentary commissioner, is in charge of defending the citizens' fundamental rights and public liberties. He has the authority to investigate the activities of the Ministers, administrative authorities, civil servants and any person acting in the service of the Public Administration. The People’s Defender may appeal to the Constitutional Court with regard to the issue of conformity between the Constitution and the laws and may lodge a complaint against the violation of the basic civil rights before it.

The financial resources necessary for the operation of the institution constitute an item of the Parliamentary Budget.

The Ombudsman informs the Parliament annually of the action that he has taken in an annual report submitted to it when meeting in ordinary sessions and when the urgency or seriousness of the situation makes it advisable to do so, he may submit special reports.

In Spain there are also regional and local ombudsmen. Regional People's Defenders are operating in Andalusia, Aragon, Canary Islands, Catalonia, Galicia, Old Castile and Leyn, the Basque Country, Valencia, and Navarra.

Contact information:
People’s Defender of Spain
Address: Paseo de Eduardo Dato, 31 - 28010 Madrid
Phone: 91 432 79 00
E-mail: registro@defensordelpueblo.es
Web site: http://www.defensordelpueblo.es/

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