Die Franse Me'diateur : Bemiddelaar of Ombudsman?

Abstract

The office of Mediateur was established in France on 1 April 1973 and is thus one of the recent ombudsmanlike institutions to be established. The establishment of this office was part of a program of reform in France aimed at improving relations between the public and the public service. This aim required the Mediateur to be more orientated towards mediation than was the case with other ombudsman institutions. The jurisdiction of the Mediateur was influenced by the reason for its origin because special mention is made of the function of service rendering by public institutions. The latter is instrumental in the relations between the public and the public institutions. The Mediateur deviates from the classical ombudsman in that the appointment is by the Executive Authority and not by the Legislative Authority. As far as procedure for investigation is concerned, the lack of authority to investigate a matter on own initiative is significant. Since complaints have to be filed through the intercession of a member of Parliament there is also an obstacle to accessibility. Not even the decentralized system of correspondents eases accessibility to a standard matching that of the Scandinavian system. The Mediateur, however, has proved to be a dedicated reformer in the fields of administrative practice, statutes and regulations. The efficient service rendered and the improved relations between the public and officials have been a distinct advantage. On the whole the Mediateur provides an example of how the institution of the ombudsman can transferred and adapted to conditions peculiar to particular countries.