the greek C. ESTABLISHMENT, ORGANISATION AND OPERATION OF THE OFFICE OF THE OMBUDSMAN THE GREEK OMBUDSMAN

1. ESTABLISHMENT 2. ORGANISATION AND OPERATION

The establishment of the Greek Ombudsman as 2.1 INFRASTRUCTURE an independent administrative authority marks the culmination of a long quest for ways to The office of the Ombudsman occupies the improve the public sector and its relations with second and third floors of a new building at 5 the citizens. For a number of reasons, earlier Hadjiyanni Mexi Street. After a special study, a attempts proved fruitless. pilot project for , the office space and Law 2477/1997 establishing the Greek surrounding area were especially prepared so as Ombudsman marked an important step in this to provide unimpeded access for people with direction. The planned constitutional special needs and, in general, for individuals with safeguarding of the Ombudsman will problems. substantially contribute to its prestige and A central goal of the Ombudsman is to create further strengthen its institutional and promote a new way of organizing a public independence. service, based on the best possible use of The office of the Ombudsman was set up in modern electronic technology, including three stages. The first stage was the selection of electronic protocol, electronic mail, and access the first Ombudsman, Nikiforos Diamandouros, to other data bases. The purpose is to increase Professor of Political Science in the Department effectiveness, transparency, and control, and to of Political Science and Public Administration at provide easy access to the Ombudsman’s the University of , who assumed office on archives for the professional staff and for 1 May 1998. researchers. The second stage was to staff the office, with the selection of the Deputy Ombudsmen in July 2.2 STAFF of the same year, followed immediately afterwards by the beginning of the process of 2.2.1 Deputy Ombudsmen appointing the professional staff. This stage also According to the institution’s founding law, the saw the completion of the organisation of the Ombudsman is assisted in carrying out his office space and the acquisition of the necessary duties by four Deputy Ombudsmen. The four material and technical infrastructure. individuals selected as Deputy Ombudsmen are: Finally, on 24 September 1998, the institution of ñ , Assistant Professor of the Greek Ombudsman was formally Constitutional Law at the University of Athens, inaugurated in the presence of the Prime ñ Aliki Koutsoumari, lawyer, former Director Minister, Mr. Konstantinos Simitis; the President General of the Ministry of the Interior, Public of the Greek Parliament, Mr. Apostolos Administration, and Decentralisation, Kaklamanis; the Minister of the Interior, Public ñ Yannis Michail, architect and urban planner, Administration, and Decentralisation, Mr. member of the German Academy of Urban Alexandros Papadopoulos; members of the Planning and Urban Design, government; representatives of the opposition ñ Maria Mitrossili-Assimakopoulou, PhD, and the political parties; representatives of lawyer, specialist in health and welfare issues. other independent administrative authorities, etc. The Ombudsman began accepting citizens’ 2.2.2 Professional staff complaints on 1 October 1998. In addition to the Ombudsman and the Deputy Ombudsmen, the work of the Office is supported by senior and junior investigators. By the end of 1998, 80 individuals had joined the staff, 32 of

[ 16 ] ANNUAL REPORT 1998 them seconded from other civil service posts and employed at the office of the Ombudsman. 48 newly hired. Of these 80 individuals, 44 joined Selection of the administrative staff, through as senior investigators (25 seconded and 19 secondment from the broader public sector, will newly hired) and 25 as junior investigators. be completed during 1999. The appointment of the professional staff was carried out in accordance with Law 2477/97 2.3 ORGANISATION – STRUCTURE OF THE OFFICE OF establishing the Ombudsman, which specifies THE OMBUDSMAN demanding qualifications for these posts. Of the 25 staff members seconded to the Ombudsman, 2.3.1 Departments 11 are graduates of the National School of The work of the Greek Ombudsman is divided Public Administration. Of the total of 69 senior into the following four areas of activity: and junior investigators, 25 (36.23%) are ñ Human Rights, supervised by Deputy graduates of universities either in Greece or Ombudsman, Giorgos Kaminis. abroad; 31 (44.93%) have graduate degrees; ñ Health and Social Welfare, dealing with issues and 13 (18.84%) hold Ph.D.s. In terms of age, of social security, health, the care and welfare of 51% of the professional staff are between 30 the elderly, the unemployed, individuals with and 40 years old; 29% are between 40 and 50 special needs, and children; supervised by years old; 16% are between 20 and 30 years Deputy Ombudsman, Maria Mitrossili- old; and 4% are over 50 years old. In terms of Assimakopoulou. gender, 52% of the senior investigators are ñ Quality of Life, dealing with the environment, women and 48% are men. If the junior urban planning and landscape design, and public investigators are included, the proportions are works; supervised by Deputy Ombudsman, 70% women and 30% men. Finally, the Yannis Michail. professional staff covers a wide range of ñ State-Citizen Relations, dealing with specialisations. transport, communications, energy, taxes, The selection of senior and junior investigators customs, education, quality of services; was made following: 1) a public call for supervised by Deputy Ombudsman, Aliki applications, published in the daily and weekly Koutsoumari. press, 2) a preliminary selection by the The departments collaborate on cases involving Ombudsman and Deputy Ombudsmen, and, 3) more than one area of activity. a public interview, attended by 280 applicants a) Co-ordination – Deputy Ombudsmen who had successfully passed the preliminary The Deputy Ombudsmen assist the stage. The five-member selection committee, as Ombudsman in his work, supervising their own specified in the law establishing the Greek departments and co-ordinating its work. They Ombudsman, consisted of the Ombudsman collaborate with, guide and evaluate the senior himself, as chairman; Deputy Ombudsmen, Aliki and junior investigators in their own Koutsoumari and Yannis Michail; Councillor of departments. State, Athanasios Rantos; and University of b) Internal Organisation and Operation of the Athens Professor, Thaleia Dragona. The total Departments number of applicants for the positions of senior The senior investigators conduct the and junior investigators was 1,486. Staffing of investigations assigned to them, as well as any the office of the Ombudsman continues other related tasks assigned to them by the gradually and will be completed during 1999. Ombudsman or the Deputy Ombudsman who heads their own department. 2.2.3 Administrative staff The junior investigators support the senior By the end of 1998, 11 administrative staff were investigators, collaborating with them for the

[ 17 ] THE GREEK OMBUDSMAN better functioning of their department, and The Citizen’s Reception and Information Bureau carry out any other task assigned to them by is staffed by Senior and Junior Investigators on a the Ombudsman, the Deputy Ombudsman in daily rota basis. The Ombudsman and four charge of their department, or the senior Deputy Ombudsmen also periodically assist. investigators with whom they collaborate. The Bureau is open daily (Monday to Friday) To promote flexibility both in handling cases from 8:30 a.m. until 2:00 p.m. The purposes of and in the day-to-day functioning of the the Bureau are : institution, all of the departments are based on 1) To provide information about how the working groups, consisting of two senior Ombudsman operates, the progress of citizens’ investigators and one junior investigator and complaints and, whenever possible, to provide usually including one seconded civil servant, one information concerning the appropriate lawyer, and one investigator with a relevant agencies to handle cases outside the specialisation. In so far as the "ideal model" can Ombudsman’s jurisdiction. be realised in practice, the composition of each 2) To assist, wherever necessary, in the writing working group also aims to provide the of complaints, so that citizens’ requests will be broadest and most versatile handling of each formulated clearly. This helps the Investigators case, as well as the more rational handling of who will handle the complaints and ensures that areas which are not clearly defined. The citizens are promptly served. Ombudsman’s first months of operation have Through the above means of communication, proved this to be a functional choice. the Ombudsman ensures direct, personal, and friendly communication with citizens. 2.3.2 How citizens may communicate with the Ombudsman 2.4 PROCESSING CITIZENS’ COMPLAINTS a) Written Complaints According to the law establishing the Complaints received by the Ombudsman are Ombudsman, complaints will be acted upon entered in the electronic protocol. This allows only if they are submitted in writing and signed. the progress of each case to be followed easily Complaints can be submitted in person, or by and also ensures the essential control and post, fax, or e-mail. That it will be possible in transparency in the operation of the institution. the future to submit complaints by e-mail Once the complaint has been registered in the reflects the Ombudsman’s intention to promote electronic protocol, it is given a preliminary modern methods of organisation and examination and assigned to the relevant communication with citizens. department. A letter is then sent to the A complaint may be submitted by any complainant, informing him or her of the name individual, legal entity, or association that has and telephone number of the Investigator who dealings with the Greek public sector, whether has undertaken the case. inside or outside the borders of the state. The case-handler then ascertains if there are b) Verbal Questions any reasons for which the complaint falls In addition to written complaints, every day the outside the Ombudsman’s jurisdiction, as office of the Ombudsman is asked a large defined in the law establishing the Ombudsman. number of questions verbally through the If this is the case, a letter is sent to the Citizens’ Reception and Information Bureau. complainant referring him or her, whenever These questions may be asked either in person possible, to the relevant service or suggesting or by telephone. how the problems submitted to the c) The Citizen’s Reception and Information Ombudsman may be addressed. If the case does Bureau fall within the Ombudsman’s jurisdiction, the

[ 18 ] ANNUAL REPORT 1998 case-handler proceeds with a thorough If the response from the service concerned is investigation, which includes: not satisfactory, the Ombudsman draws up a ñ Collecting the pertinent legislation, possibly in report, which is submitted to the service and to collaboration with the responsible public service the responsible minister, so that s/he can take or agency. action if s/he so chooses. At the same time, the ñ Possibly requesting additional information complainants are kept informed. The from the complainant. Ombudsman may set deadlines by which the ñ Requesting information, documents, or other administration should adopt his material relevant to the case from the public recommendations. The Ombudsman also has service concerned. the possibility, at his discretion, to make public Other possibilities are : the stance of the service with regard to the ñ Interviewing individuals. institution’s recommendations. ñ Conducting on-the-spot investigations. If, during the course of the investigation, the ñ Establishing a commission of experts. service refuses to collaborate with the The Body of Inspectors-Controllers of Public Ombudsman or if there are sufficient Administration may also be asked to assist in indications of criminal acts, the Ombudsman the investigation. may initiate disciplinary proceedings or refer the If, after studying the assembled documentation, case to the public prosecutor. the case-handler does not find evidence of any At all stages, the investigation is recorded and illegality or maladministration, the complainant classified. Together with the use of modern is informed and the case file is deposited in the technology (local networks, scanning), this archives. If, however, this is not the case, makes it possible to handle cases more quickly proposals and recommendations are made to and ensures accurate statistical conclusions in the public service concerned. Subsequent steps the future. in the handling of the case depend on how Finally, the Ombudsman may, on his own these recommendations are (or are not) initiative, investigate any case which has adopted. aroused public interest.

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