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ARTICLE · 13 APRIL 1995

Administrative Law - Federal Ombuds(wo)men

BelgiumEmployment and HR
A new federal Statute of 22 March 1995 (Belgian State Gazette, 7 April 1995) has created the function of "federal ombudsman" (ombudsman / mediateur). As a result of this Statute, the Chamber of Representatives will nominate two federal ombudsmen, one Dutch-speaking and one French-speaking. If the Chamber nominates a woman, she will be called "ombudswoman" (ombudsvrouw/mediatrice).

The federal ombuds(wo)men have the obligation to examine complaints concerning the action of the federal administration, as well as of the federal public agencies, with the exception of the agencies that have been granted a special ombudsman (e.g. Belgacom, De Post/La Poste). The federal ombusd(wo)men are granted large powers to investigate complaints. Officials that are interrogated by an ombuds(wo)man may not invoke professional secrecy to withhold information.

On the other hand, the federal ombuds(wo)men cannot impose decisions or sanctions upon the civil servants or administrations. They will present a yearly report of their actions before the Chamber of Representatives.

Ombudsmen have already been created for the Flemish regional administration (Flemish Statute of 23 October 1991) and the Walloon regional administration (Walloon Statute of 22 December 1994).

The content of this article is intended to provide general information on the subject matter. It is therefore not a substitute for specialist advice.

De Bandt, van Hecke & Lagae - Brussels. (32-2)517.94.93.

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