Contribution à une définition de l'Ombudsman

Abstract

What is an Ombudsman ? This is a sensitive question in light of the changes that have occurred in this institution since its founding in Sweden in the 19th century. The international spread and adoption of the Ombudsman in states with a variety of constitutional practices has revealed its hybrid character much more than its conceptual unity. Without ignd̀ring their influence, the historic and institutional context should rather be put into perspective in order to reach a definition applicable to any system. By putting into perspective existing definitions based on institutional or constitutional considerations, the author proposes a functional definition based on the idea of reconciling interests and "administrative control". What is an Ombudsman ? This is a sensitive question in light of the changes that have occurred in this institution since its founding in Sweden in the 19th century. The international spread and adoption of the Ombudsman in states with a variety of constitutional practices has revealed its hybrid character much more than its conceptual unity. Without ignd̀ring their influence, the historic and institutional context should rather be put into perspective in order to reach a definition applicable to any system. By putting into perspective existing definitions based on institutional or constitutional considerations, the author proposes a functional definition based on the idea of reconciling interests and "administrative control".