УСТАВНОПРАВНИ ПОЛОЖАЈ ИНСТИТУЦИЈЕ ОМБУДСМАНА У ЗЕМЉАМА БИВШЕ ЈУГОСЛАВИЈЕ
CONSTITUTIONAL POSITION OF OMBUDSMAN IN THE FORMER YUGOSLAVIA

Summary/Abstract: Introduction of the ombudsman in the former Yugoslavia as a specific institution with a mission to protect human rights and freedom from injures that occur in the work of administrative bodies, organizations and public services, it is shown as a necessity in the current transition process. Creation of a democratic state under the rule of law is inconceivable without the existence of this institution. Ombudsman that exists outside of the seeds of separation of powers works towards the establishment of the constitutional and legal authority of state operation. Therefore, the ombudsman can be seen as the guardian of constitutionality and legality. Ombudsman in the former Yugoslavia has become a significant factor in extra-judicial control of administrative authorities and public officials. Ombudsman is urgent need of our society all the more so as there is no political system in the modern world that does not violate human rights and freedoms of citizens. However, it would be wrong to idealize the institution. Ombudsman is not repressive or order-giving body, but institution that detects and alerts. It’s purpose is to exert this authority to pressure the state organs and institutions in the direction of respecting and protecting the principles of constitutionality and legality.

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