20 years of ombudsmanship in Malta : an appraisal

Abstract

In 1809 Sweden gave to the world a legacy which two hundred and six years later became a central democratic measure. Sweden gave birth to the Ombudsman institution which proliferated worldwide. This institution provided citizens with an alternative dispute resolution. It is a remedy which complements the Court yet it is free, informal and fast. The Ombudsman’s mission is to maintain a good relationship between the State and the citizens away from maladministration and nepotism. As taxpayers who are funding the bulk of governmental activities, the public has a right to expect that public sector organisations are of the highest integrity and competence to treat all citizens fairly, equitably and promptly. When one of the latter values is missing then the unique role of the Ombudsman kicks in. Nonetheless, it is important to, not only resolve cases of administrative error or unfairness, but also to use the information gathered through investigations to assist agencies to identify and address systemically problems; this will help governmental agencies to avoid future similar faults. The year 1995 saw this ingenious institution in Malta as a successor of the Commission for Investigation and Injustices. Twenty years later the Ombudsman stood the test of time, yet his flexibility cannot be upheld without amendments to the law which regulates it. Accordingly, the Ombudsman bridges the gap between legalities and legitimacies.