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A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?

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2021
Authors
Glušac, Luka
Article (Published version)
,
Oxford University Press
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Abstract
This article offers a detailed critical appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman, adopted in 2019 by the Venice Commission of the Council of Europe. It praises them for being the most comprehensive set of constitutional and legal principles relating to ombudsman to date, drafted to be applicable to different legal and political systems. However, the article finds that such adaptability also resulted in some trade-offs and came at the expense of conceptual clarity of some of the principles. Despite that, the Venice Principles present a more complete document than the Paris Principles on National Human Rights Institutions, with better internal logic and consistency when it comes to ombudsman’s issues. The article concludes that ombudsman institutions fully in line with the Venice Principles would, ipso facto, reach a normative threshold for the compliance with the Paris Principles.
Keywords:
Venice Commission / Venice Principles / ombudsman / national human rights institution / independent bodies / Paris Principles
Source:
Human Rights Law Review, 2021, 21, 1, 22-53
Publisher:
  • Oxford University Press
Funding / projects:
  • Ministry of Education, Science and Technological Development, Republic of Serbia, Grant no. 200025 (University of Belgrade, Institute for Phylosophy and Social Theory) (RS-200025)

DOI: 10.1093/hrlr/ngaa040

ISSN: 1461-7781

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URI
http://rifdt.instifdt.bg.ac.rs/123456789/2209
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  • Radovi istraživača
Institution/Community
IFDT
TY  - JOUR
AU  - Glušac, Luka
PY  - 2021
UR  - http://rifdt.instifdt.bg.ac.rs/123456789/2209
AB  - This article offers a detailed critical appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman, adopted in 2019 by the Venice Commission of the Council of Europe. It praises them for being the most comprehensive set of constitutional and legal principles relating to ombudsman to date, drafted to be applicable to different legal and political systems. However, the article finds that such adaptability also resulted in some trade-offs and came at the expense of conceptual clarity of some of the principles. Despite that, the Venice Principles present a more complete document than the Paris Principles on National Human Rights Institutions, with better internal logic and consistency when it comes to ombudsman’s issues. The article concludes that ombudsman institutions fully in line with the Venice Principles would, ipso facto, reach a normative threshold for the compliance with the Paris Principles.
PB  - Oxford University Press
T2  - Human Rights Law Review
T1  - A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?
IS  - 1
VL  - 21
SP  - 22
EP  - 53
DO  - 10.1093/hrlr/ngaa040
ER  - 
@article{
author = "Glušac, Luka",
year = "2021",
abstract = "This article offers a detailed critical appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman, adopted in 2019 by the Venice Commission of the Council of Europe. It praises them for being the most comprehensive set of constitutional and legal principles relating to ombudsman to date, drafted to be applicable to different legal and political systems. However, the article finds that such adaptability also resulted in some trade-offs and came at the expense of conceptual clarity of some of the principles. Despite that, the Venice Principles present a more complete document than the Paris Principles on National Human Rights Institutions, with better internal logic and consistency when it comes to ombudsman’s issues. The article concludes that ombudsman institutions fully in line with the Venice Principles would, ipso facto, reach a normative threshold for the compliance with the Paris Principles.",
publisher = "Oxford University Press",
journal = "Human Rights Law Review",
title = "A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?",
number = "1",
volume = "21",
pages = "22-53",
doi = "10.1093/hrlr/ngaa040"
}
Glušac, L.. (2021). A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?. in Human Rights Law Review
Oxford University Press., 21(1), 22-53.
https://doi.org/10.1093/hrlr/ngaa040
Glušac L. A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?. in Human Rights Law Review. 2021;21(1):22-53.
doi:10.1093/hrlr/ngaa040 .
Glušac, Luka, "A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?" in Human Rights Law Review, 21, no. 1 (2021):22-53,
https://doi.org/10.1093/hrlr/ngaa040 . .

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