ПРОБЛЕМИ У ФУНКЦИОНИСАЊУ ЛОКАЛНОГ ОМБУДСМАНА
PROBLEMS IN THE INSTITUTIONAL OPERATION OF THE LOCAL OMBUDSMAN

Summary/Abstract: The institution of the local and regional ombudsman is well-known in I the world. There are different models in respect of the organization of this institution: beside state ombudsmen/ federal states have an ombudsman at the level of member states; there are regional and local ombudsmen, as well as ombudsmen for general and special is's lies. Each of these institutions functions within the framework of its jurisdiction and powers; of authorities.In the Republic of Serbia the local ombudsman is established only if there is a need for such a local institution and if it can be organized and financed. In Serbia, this institution has been established only in 14 out of the total number of 167 cities and municipalities. What is the reason for such a small number of civil defenders (ombudsmen) at the local government level? The first reason is the lack of the binding character of statutory regulation on this matter; the second reason is the essential misunderstanding of the position and role of the local ombudsman. Namely in the local political structures, the ombudsman is often perceived as an independent political person who shall control the legality of the work of the local government and is, therefore, seen as a danger for the local government authorities. The third reason is the problem of professional competence and financial assets, particularly in smaller and impoverished municipalities. Considering the fact that the role of the ombudsman presumes professional competence, previous work experience, good reputation in the society, etc, there is a problem of providing suitable qualified professionals for this position.There is also the issue of political impartiality, as there is still a lack of relevant mechanisms for establishing full political neutrality. The ombudsman is elected by the municipal parliamentary assembly or a competent operative body of authority, which explains the difficulty of achieving full his political impartiality. Another problem related to the ombudsman's independence is the funding. The third reason is the period of his term of office.The issue of his political independence and impartiality is directly related to the question whether the local ombudsman's term of office is directly corresponds and overlaps with the term of office of the municipal parliamentary assembly.The local ombudsman has the authority to protect the individual and collective rights and interests of the citizens by exercising an overall, comprehensive control of the operation of the local administration and public services. On observance of some unlawful activity or irregularity (inefficiency) causing a violation of citizens' rights and interests, the ombudsman has the authority to issue a warning to the administration and public services, to give recommendation, to refer critical remarks, and to inform the municipal parliamentary assembly, the local government and" the. general public. Considering the ombudsman's primary, role of the guardian of citizens' rights, the essence of his office is to control, suggest corrections and inform the general public. The local ombudsman is primarily involved in protecting civil rights and freedoms violated by the activities of the administration authorities, organizations .and public services whose founder is the municipality. The greatest problem is the fact that this matter is regulated only in. the statutory provision. The legislation is rather insubstantial, inadequate, and incomplete. The ombudsman's work certainly involves patience and persistence, observance of local government activities and response, as well as quick reaction in anticipation of events. The ombudsman may act alone or in cooperation with other institutions and non-governmental organizations.

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