Submitted by crinadmin on
Note: this is an unofficial translation Download in Word format ACT 14/1984 Article 1 Article 2 Article 3 Article 4 TITLE I Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 TITLE II Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 TITLE III Article 30 Article 31 Article 32 Article 33 Article 34 ADDITIONAL PROVISION TRANSITORY PROVISION FINAL PROVISION
of March 20, on the "SINDIC DE GREUGES"
(Ombudsman or Parliamentary Commissioner)
(Official Bulletin of the Generalitat of
Catalonia
number 421 of 03-30-1984)
amended by Act 12/1989 of November 29
(O.B.G.C. number 1234, of 12-22-1989)
In accordance with the mandate contained in article 35 of Catalonia's
Statute of Autonomy, this Act sets forth the organization and
operation of the "Sindic de Greuges" (Ombudsman or Parliamentary
Commissioner) Institution.
GENERAL PROVISIONS
l.- The "Sindic de Greuges" is the Institution which, in accordance
with article 35 of Catalonia's Statute of Autonomy, is in charge of
defending the citizens' fundamental rights and public liberties. To that
end, it supervises the performance of the Generalitat's public
Administration and of the authorities and personnel depending
therefrom or assigned to public services. It also supervises the
performance of Catalonia's local agencies in anything affecting
matters on which the Generalitat is competent under Catalonia's
Statute of Autonomy.
2.- The Sindic de Greuges fulfils his functions with independence and
objectivity, inquiring into and resolving on proceedings filed ex officio
or claims presented upon the request of parties.
1.- The Sindic de Greuges is elected by the Parliament in accordance
with the proceedings -and the majority votes set forth in article 5.
2.- The Sindic the Greuges has relation with the Parliament through a
Commission constituted for this purpose. This Commission also takes
cognizance of any claims and petitions related to the defence of the
citizens' fundamental rights and liberties presented to same.
3.- The Sindic de Greuges may address at any time the parliamentary
Commission referred to in the above paragraph and the Commission
may ask him to appear before the Parliament to report on matters
under his competence.
4.- Every year, the Sindic de Greuges reports on his performance to
the Parliament.
The Administration and, generally, any public powers under the
Generalitat of Catalonia are bound to assist the Sindic de Greuges in
his inquests, on a preferent and urgent basis.
l.- In order to comply with the provisions of this Act, the Sindic de
Greuges must cooperate with the "Defensor del Pueblo" (Spain's
Central State Ombudsman) and coordinate his functions with the
latter.
2.- In accordance with the precedent paragraph, the Sindic de
Greuges may enter into agreements with the Defensor del Pueblo.
Such agreements shall set up the life thereof, the scope of the
Administrations involved, the hypothesis for the Sindic de Greuges'
action, the authorities he will be entitled to exercise and the
communications he shall have with the Defensor del Pueblo.
3.- The Sindic de Greuges shall convey to the Defensor del Pueblo
any claims presented to him concerning the activity of any body of the
Central State's public Administration in Catalonia and he shall inform
the claimant of such conveyance.
On the election, termination and conditions
of the Sindic de Greuges
1.- Whenever an election of the Sindic de Greuges will have to take
place in accordance with this Act, the parliamentary Commission
referred to in article 2 shall present the candidate or candidates to the
Parliament's Plenum within a period of no more than one month.
2.- The proposal having been made, the Parliament's Plenum, at a
session called for this sole purpose, shall elect the Sindic de Greuges
by a majority of three fifths. Sindic de Greuges' mandates are for five
years.
3.- If the said majority of three fifths is not attained, the same
procedure shall be started all over again. If none of the candidates
proposed has obtained the majority set forth in the preceding
paragraph three months thereafter, an absolute majority will suffice at
the subsequent voting.
l.- The appointment of the Sindic de Greuges shall be authorized by
the signature of the Chairman of the Parliament and shall be
published in the Official Bulletin of the Generalitat of Catalonia and in
the Official Bulletin of the Central state.
2.- The Sindic de Greuges shall take possession of his office in the
presence of the Parliament's Board.
To qualify for election as Sindic de Greuges can didates must meet
the following conditions:
a. They must have the political status of Catalan.
b. They must be of legal age and in full possession of civil and
political rights.
The status of Sindic de Greuges is incompatible with:
a. Any representative mandate.
b. The performance of executive functions and membership in
any political parties, trade unions and management
associations.
c. Being a member of the Generalitat's Consultive Council or of
the Constitutional Court.
d. Any political office or administration function of the Central
State, Autonomous Communities or local agencies.
e. The exercise of military career
f. Any professional, any, judiciary prosecutor or commercial or
employee activity.
2.- If anyone elected Sindic de Greuges is affected by any cause of
incompatibility, prior to taking office he shall cease to hold the office
or perform the activity being the cause of incompatibility or shall apply
for leave of absence from the function. If he fails to do so no later
than eight days following the election, it will be understood that he
does not accept the appointment. The same rule shall apply if any
incompatibility should arise after his appointment.
The Sindic de Greuges is not subject to any imperative' mandate. He
receives instructions from no authority whatsoever and he fulfils his
functions with autonomy and according to his good judgement.
The Sindic de Greuges enjoy the prerogatives required to properly
exercise his functions in keeping with the legislation currently in force.
l.- The Sindic de Greuges will cease to be in office because of any of
the following causes:
a. Resignation
b. Expirationi of the period for which he has' been elected.
c. Death.
d. Loss of the political status of Catalan
e. Incapacity or disability to exercise political rights declared by
any final judicial decision.
f. Conviction under final sentence' because of any fraudulent
offense.
g. Notorious negligence in the fulfilment of the obligations and
duties of his office.
2.- In the latter case, termination is decided by a majority of three
fifths of the members of Parliament at a specific debate which the
Sindic de Greuges is entitled to attend and address before the voting.
In all other cases, cessation is declared by the Chairman of the
Parliament who must notify the Plenum immediately thereafter.
3.- Once termination will have taken place, proceedings shall start for
the election of the new Sindic de Greuges which shall be made in
accordance with article 5. In the second hypothesis of section first of
this article, the Sindic de Greuges shall continue in the exercise of his
functions until the appointment of his successor.
Sindic de Greuges'procedure and action
1.- To the effects of the provisions in' article 1, applications may be
filed for the Sindic de Greuges to take action in connection with their
claims by:
a. Any natural persons or body corporates invoking a legitimate
interest concerning the object of complaint, no impediment
being involved because of nationality, residence, age
minority, legal incapacity of the subject, internment in a
penitenciary center or reclusion, or, in general, any special
subjection or dependency relation with any Administration or
public power.
b. The members of Catalonia's Parliament and also the
members of the State Central Parliament and Senate elected
in Catalonia's electoral districts.
c. Parliamentary Commissions, in particular those in charge of
inquests, and the one referred to in paragraph 2 of article 2.
2.- Applications may also be made to the Sindic de Greuges by -
incumbents of elected offices in Catalonia's local entities asking him
to take action within the territorial scope of his competence.
1.- Claims must be presented by interested parties by means of a
reasoned written report enclosing any documents that may be useful
to clarify the case.
2.- Any Sindic de Greuges' actions are free for the interested parties
and no attendance of lawyers or solicitors is required.
Any correspondence and other communications that individuals
deprived of liberty because of their being held in detention,
internment or custody centres may want to have with the Sindic de
Greuges will have the guarantees provided for by the legislation
currently in force.
No more than one year may elapse between the occurrence of the
fact being the object of the claim and the written formulation there of
to the Sindic de Greuges. When proceedings will take place ex
officio, the beginning thereof is not subject to any preclusive term.
1.- The Sindic de Greuges shall record and acknowledge receipt of
any claims presented to him, whose handling he may accept or
refuse: in this latter case, he must inform the interested party by
means of a reasoned written reply.
2.- The Sindic de Greuges -may not make inquests in connection with
claims whose object is pending on any judicial resolution and he may
discontinue his action if, after starting same, any interested person
files a claim or appeal before any court; however, he shall discontinue
it when the proceedings will only be pending on judgement.
3.- The Sindic de Greuges must see to it that any petitions and
appeals filed with the Administration be resolved in due time and
form.
4.- The Sindic de Greuges shall reject any anonymous claims, any
claims where he may detect bad faith, lack of grounds or assertions,
and any claims the processing of which might involve any damage to
the legitimate rights of third parties.
The Sindic the Greuges' decisions and resolutions are not the object
of any appeal whatsoever and the claims presented to him do in no
way affect the terms provided for to exercise any actions applying
under administrative or jurisdictional channels.
With respect to the Sindic de Greuges' action and to the right to
resort to him when states of emergency or siege have been declared,
the provisions of the legislation currently in force shall apply.
The claim having been admitted for processing or the proceedings
having been started ex officio, the Sindic de Greuges shall take any
inquest steps he will consider appropriate to clarify same. He may
inform thereof the Department, body, entity or administration agency
affected so that the head thereof may send him a written report within
a term of fifteen days which may be extended as a function of any
circumstances involved.
l.- If the claim to be investigated or the ex officio proceedings affect
the performance of individuals at the Administration's service, the
Sindic de Greuges shall notify their hierarchical superior and, if
appropriate, the head of personnel to whom they report.
2.- At the same time, he will request the affected party to answer in
writing, no later than fifteen days thereafter in any case, with respect
to the facts or circumstances which are the object of the claim or
proceedings, and to enclose any complementary documents' and
evidence a he may deem fit.
3.- Without detriment to the documents presented as referred to in
the paragraph above, the Sindic de Greuges may request the person
affected to appear and report before him.
Any hierarchical superior or authority forbidding the personnel at their
service to respond to the Sindic de Greuges' requisitions shall give
notice thereof to the affected party and to the Sindic de Greuges by
means of a reasoned written document.
Authorities, public servants and, in general, any personnel under the
Administration or affected to a public service shall give the Sindic de
Greuges or any person appointed by him all the information,
assistance and access to any agencies, centres, bodies and entities
as they may request, as well as any data, files and other documents
making it possible to adequately carry out proceedings and inquests.
Any proceedings required in the course of inquests must be carried
out with utmost reserve and discretion, without detriment to the
inclusion thereof in the reports to Parliament, should the Sindic de
Greuges consider this appropriate.
The Sindic de Greuges is entitled to make public the name of the
persons and Departments, bodies or entities having hindered the
exercise of his functions and to emphasize such attitudes in his
annual report to Parliament or to notify the Commission referred to in
article 2.2.
Any authority or personnel at the Administration's service preventingthe
Sindic de Greuge's action by refusing to convey any reports,
documents or files requested by him may incur in criminal liability
under the legislation currently in force. In that case, the Sindic de
Greuges shall convey the records to the Public Prosecutor so that he
may exercise any appropriate actions.
If any presumptions of disciplinary infringement or of presumably
delinquent behaviour or facts were observed during the inquest, the
Sindic de Greuges shall so notify the competent body or shall
immediately inform the Public Prosecutor.
In the exercise of his functions for the inquest and resolution of claims
or proceedings, the Sindic de Greuges may present the authorities
and personnel at the service of the public Administration or reporting
thereto any warnings, recommendations, suggestions and reminders
concerning their legal duties. In no case can he amend or cancel any
administrative actions or resolutions.
l.- Within the scope of the legislation currently in force, the Sindic de
Greuges may propose to the affected Department, body or entity any
formulae of conciliation or agreement likely to lead to a positive and
prompt resolution of claims.
2.- If in the inquest of a claim or proceeding the Sindic de Greuges
should consider that the application of regulations would lead to an
unfair or detrimental result, he will be entitled to recommend or
suggest to the competent institution, Department or entity any steps
or criteria he may consider adequate to remedy this, or any
amendments he may think appropriate to make in the text of
regulations.
The Sindic the Greuges must report the result his inquest to the
claimant, the affected person in Administration's service or reporting
to same, and authority in the Department, body or entity involved the
claim or in the ex officio action, even if proceedings are filed away.
The relations with Parliament
1.- Once a year, no later than thirty days after the beginning of the
second ordinary period of sessions, the Sindic de Greuges shall
present to the Parliament a report of his activities where he shall
necessarily state:
a. The number and kind of claims' received and of proceedings
started ex officio.
b. Any claims rejected, underway and investigated, with any
results attained and also the reasons having given rise to
same.
2.- No personal data must appear in the report which might permit
public identification of the parties interested in the inquest
proceedings. However, when the Sindic de Greuges will consider it
necessary, he will be entitled to include the name of those persons
referred to in article 23.
3.- Within the same period of time, he shall present the statement of
accounts of the institution's budget pertaining to the precedent fiscal
year.
4.- He may also present extraordinary reports when required by the
urgency or importance of the facts giving rise to his intervention.
The Sindic de Greuges must present an oral summary of the said
report at a specific meeting of the Parliament's Plenum, at the
conclusion of which the various parliamentary Groups will be entitled
to express their position.
Whenever the Parliament' will' be dissolved, the Sindic de Greuges
shall relate with said through the Permanent Delegation
l.- To carry out his functions, the Sindic de Greuges shall be provided
with an office whose organization and operation will be coordinated
and managed by him; to that end he will be entitled to issue any
pertinent instructions.
2.- The office in question shall have any personnel and material
means as required,in accordance with budget items to be included in
the budget of the Parliament of Catalonia.
3. The Sindic de Greuges will be in charge of preparing the budget
draft referred to in the precedent paragraph
1.- With the prior agreement of the parliamentary commission
referred to in article 2, the Sindic de Greuges will be entitled to
appoint some trusted person to fill the post of Deputy. Such person
shall meet the conditions set forth in article 7 and shall not be
affected by an incompatibility listed in article 8.
2.- The Deputy shall assist the Sindic de Greuges and assume any
investigation functions assigned or entrusted to him in the resolution
of any claim or proceeding; in that case, he will enjoy the same
prerogatives, rights and obligations.
3.- In those cases referred to in c) , e) , f) and g) of article 11, the
Deputy shall temporarily exercise the Sindic de Greuge's functions
until the vacancy will have been covered by Parliament.
4.- The Deputy shall cease immediately upon the new Sindic de
Greuge's taking office.
5.- With the prior agreement of the parliamentary Commission
referred to in article 2, the Sindic de Greuges may appoint some
trusted person to hold the office of Deputy for the defence of
children's rights. Such person shall meet the conditions set forth in
article 7 and shall not be affected by the incompatibilities listed in
article 8.
6.- Any Deputy assigned to the defence of children's' rights, shall
assume any inquest functions assigned or entrusted to him by the
Sindic de Greuges for the resolution of any claim or proceeding
concerning children's rights. In that case, he will enjoy the same
prerogatives, rights and obligations.
7.- The Deputy for the defence o children's rights shall automatically
cease upon the new Sindic de Greuges taking office.
In the event that the termination of the Sindic de Greuges' mandate
should take place while Parliament is dissolved, he will continue in
the exercise of his functions until the new Parliament will have
appointed a successor.
No later than four months after this Act will become effective, the
Parliament shall start proceedings to appoint the Sindic de Greuges.
This Act will become effective the day after its publication in the
Official Bulletin of the Generalitat.