Measures

The Ombudsman Act provides the Commissioner with a wide range of measures to redress the “impropriety” discovered. The typical individual measure taken by the Commissioner is recommendations. Recommendations, addressed to the competent authorities, their supervisory authorities or private parties, are non-binding and cannot be challenged in court. If recommendations are responded to, the Commissioner may request the Parliament to investigate the case. In addition to “soft” recommendations the Commissioner may also undertake measures of direct legal effect. First, the Commissioner may seek the suspension of the execution of administrative decisions if prima facie it appears illegal and its implementation may result in irreversible damage to the environment. Second, the Commissioner may call on any person or organisation to stop any activity that harms the environment. The person addressed has to respond within a deadline set by the Commissioner. In the case of an unsatisfactory response, the Commissioner may seek the suspension of the activity in court. Third, the Commissioner may initiate or participate in all applicable administrative and judicial review procedures. He may appeal against any environmental administrative decision and/or seek the judicial review thereof. He may intervene in court procedures on behalf any party seeking the review of administrative decisions relating to the environment. Furthermore, the Commissioner may undertake measures of general legal effect. It may issue general recommendations, initiate the constitutional review of any legal norm with the Constitutional Court or suggest the national or municipal legislator to amend existing or adopt new legislation.