Powers and Sanctions

What "sanctions" are provided by the law when a Parliamentary Ombudsman finds that an authority or an official has applied a statute incorrectly?

• By far the most frequently used "sanction" is a Parliamentary Ombudsman's right to express an opinion about whether an action taken by an authority or an official is in conflict with the law or any other statute or erroneous or improper in some other respect (referred to as an admonition). For instance an Ombudsman may criticise an official for some shortcoming in the exercise of public authority. This is not really a punishment and the official concerned is not even obliged to comply with the Ombudsman's opinion. But as these admonitions often receive publicity they can still take effect. An Ombudsman may also criticise an authority as such for faulty procedures, something, which again arouses interest in the media. In such cases the measures may be proposed to eliminate the shortcomings, such as staff training or a change of procedure for instance.

• An Ombudsman's adjudication may also include an advisory statement that will help to ensure that laws are applied uniformly and appropriately.

• An Ombudsman may - acting as a special prosecutor - bring charges against an official who, in failing to observe the requirements made by his post or task, has committed some criminal act other than press libel or the restriction of freedom of expression. Here the penal provisions relating to misfeasance in public office are of particular significance. Today criminal investigation and prosecution is rare, but it should not be forgotten that originally the position of the Parliamentary Ombudsman was based on that of a prosecutor. The Parliamentary Ombudsmen and the Chancellor of Justice are the only prosecutors empowered to bring charges for crimes committed by Justices of the Supreme Court or the Supreme Administrative Court in their exercise of office. 

• The role of an Ombudsman also resembles that of a prosecutor in cases involving disciplinary offences and other aspects of administrative law. An Ombudsman may, for instance, invoke disciplinary measures against an official such as an admonition or a salary deduction. The Riksdag's Act with Instructions for the Parliamentary Ombudsmen also empower an Ombudsman to initiate and argue cases in the appropriate disciplinary authority, such as the Civil Service Disciplinary Board, and to appear in industrial disputes in a court of law arising from disciplinary measures initiated by an Ombudsman. The Ombudsman is also empowered to invoke the possibility of suspension or dismissal.

• The institution of the Parliamentary Ombudsmen is to act to remedy deficiencies in legislation. If in the exercise of the Ombudsmen's supervisory powers it transpires that there are grounds for initiating a change in the statutes or some other official measure, an Ombudsman is empowered to represent this circumstance to the Riksdag or the government. This occurs in a few cases each year. More often an Ombudsman will submit an adjudication to the appropriate authority or parliamentary committee when it is considered to indicate legislative shortcomings that the legislature should be aware of. 

•  The Act with Instructions for the Parliamentary Ombudsmen also lay down in Article 18 that an issue may be referred to another authority if the nature of the case makes it more appropriate for it to be investigated and reviewed by that authority and the authority has not previously reviewed the matter.