Page 248 - kdk-sempozyum-3
P. 248
this issue of evaluating the efficacy of ombudsman institution is to look at
the compliance report but also for ombudsman not to be satisfied with
that alone meaning that you submit your recommendation, if you forget
about it afterwards you are not serving your institution properly.
I think the better way of doing is to keep record of what the administration
does with your recommendation to follow up and then to issue on
an annual basis a statement, a report on the extent to which the
administration has accepted the recommendations. So that you can
have a very concrete evidence of the degree of compliance of the areas
where compliance is high and lower and with this to be able to enter into
meaningful discussions with the administration in the areas where in fact
you determined a lack of sufficient degree of cooperation or compliance.
Of course, the great challenge for the ombudsman and we know it all is
how to keep open channels with the administration and how to be able
to persuade the administration of the opinions of recommendations that
has being made. The great challenge which makes the ombudsman’s work
exciting is not simply to right the opinion and go home and sleep well. It is
rather to be able to work with the administration with an eye to convincing
it or if you want to put it different way to argue the case in such complete
and compelling ways as to make it very difficult for the administration
to say no because illegally the administration and the government has
the right to refuse a recommendation and that is why the ombudsman
does not makes recommendations it makes binding decisions but that is
exactly where I think the moral authority of the ombudsman comes in and
it is this moral authority that the ombudsman has to uphold at all times
through the ways of submitting reports, monitoring the compliance and
engaging in dialogue, keeping open channels and trying to permit the law
on one hand but fairness on the other and you referred to that Mr. Gülan,
you’ve talked about the efforts of the ombudsman to try and promote
practical solutions but practical solution encompasses this whole idea of
trying to find fair solutions that in fact can overcome the at the law very
often and you in fact made references with this with a summary remarks
for highlighting the extremely important dimension of relations with
administration.
With that I think we’ve reached the end of the panelist’s presentation and
we can now open the discussion to the floor. We have plenty of time, so I
would welcome questions. Please, if you wish to take the floor, raise your
rd
246 | 3 INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS