Research Handbook on the Ombudsman
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Research Handbook on the Ombudsman

Edited by Marc Hertogh and Richard Kirkham

The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.
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Chapter 8: The European Ombudsman and the Court of Justice of the EuropeanUnion: competition or symbiosis in promoting transparency?

Milan Remáč

Abstract

Ombudsmen and the judiciary are two different institutions with two different sets of competences and remits. Although they have some clearly different competences, there might be a grey area where their remits come together and potentially overlap i.e., an area where ombudsmen and the judiciary alike provide protection to individuals by assessing their complaints or by dealing with their legal actions. The possible overlap between the competences of these institutions can give the impression that there is some competition between the two or that the ombudsmen assume a position that does not really belong to them. This chapter first, aims to provide a short general overview of the most striking competence-based differences and similarities between ombudsmen and the judiciary and second, to illustrate the overlaps it discusses the specific relations between the European Ombudsman and the Court of Justice of the European Union.

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