Study-Unit Description

Study-Unit Description


CODE PBL3000

 
TITLE Ombudsman Legislation

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit will first discuss the historical evolution of Ombudsman legislation starting off from the Commission for the Investigation of Injustices and the Tribunal for the Investigation of Injustices up to the constitutional provision regulating the Ombudsman. It will then discuss the various laws establishing all Ombudsmen in Malta namely, the Ombudsman Act, Chapter 385, with regard to the Parliamentary Commissioner for Administrative Investigations; the Education Act, Chapter 327, with regard to the University Ombudsman; the Development Planning Act, Chapter 356, with regard to the Audit Officer; the Police Act, Chapter 164, with regard to the Police Board. These offices will be compared to the Data Protection Commissioner, the Freedom of Information Commissioner, the National Commission Persons with Disability, the National Commission for Equality between Men and Women and the Commissioner for Children. The unit will study the principles of Good Administration as developed by the EU Ombudsman, the recommendations of the Council of Europe on the subject as well as the leading decisions and opinions of the Maltese and European Ombudsmen.

Study-unit Aims

The study-unit aims are the following:
(a) to familiarise the student with Maltese Ombudsman Law;
(b) to familiarise the student with the workings of the EU Ombudsman;
(c) to familiarise the student with the decisions of the Maltese and EU Ombudsmen;
(d) to interlink Ombudsman Law with other areas of the law such as Constitutional Law, Administrative Law and the Law of Procedure;
(e) to discuss the principles of good administrative behaviour;
(f) to discuss the relationship between the Ombudsmen and the entities they supervise.

Learning Outcomes

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
(a) know the provisions of Maltese and EU law regulating the functions of the various Ombudsmen;
(b) know the pertinent case law of the said Ombudsmen;
(c) understand the relationship between the Maltese Ombudsmen and the EU Ombudsmen;
(d) comprehend the interrelationship between Ombudsman Law and other branches of the law such as Constitutional Law, Administrative Law and EU Law;
(e) understand the roles of the Ombudsmen vis-a-vis the public administration;
(f) apply the principles of good administrative behaviour in a concrete situation.

2. Skills:

By the end of the study-unit the student will be able to:
(a) compare and contrast the functions, powers and duties of all extant Ombudsman;
(b) advise any complainant on lodging a complaint before an Ombudsman including as to who is the competent Ombudsman to whom to lodge such complaint;
(c) be in a position to advise the public administration as to which are the principles of good administrative behaviour;
(d) apply principles of law developed in other branches of the law to Ombudsman law;
(e) critically appraise the lacunae and difficulties posed by Ombudsman law to the complainant in getting effective redress.

Main Text/s and any supplementary readings

- Linda C. Reif, ‘The International Ombudsman Anthology: selected writings from the International Ombudsman Institute’, Kluwer Law International, 1999. KM 307.15
- Joseph Lia, ‘The Ombudsman: A Comparative Study’, LL.D. thesis, Faculty of Laws, 1986.
- Veronica Galea Debono, ‘From the Commission for the Investigation of Injustices to the Institution of the Ombudsman’, LL.D. thesis, Faculty of Laws, 1995.
- Paula Mifsud Bonnici, ‘The Ombudsman under the Ombudsman Act of 1995: a comparative study’, LL.D. thesis, Faculty of Laws, 1997.
- Mandy Jane Bezzina, ‘The European Ombudsman: legal basis, remedies and major achievements’, LL.D. thesis, Faculty of Laws, 2001.
- Peter Leyland and Terry Woods, ‘Textbook on Administrative Law’, Oxford, Oxford University Press, 2002.
- Office of the Ombudsman, Annual Reports 1995-to date
- Office of the Ombudsman Case Notes No 1 (April 1996) –to date
- Office of the European Ombudsman, Annual Reports.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 100%

 
LECTURER/S Ivan Mifsud

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit