The institution of the Ombudsman (which later took the name of the Ombudsman of the Republic) is based on the “Ombudsman” of various northern European countries. It was set up by the law of January 3, 1973.

I. – Status

The Ombudsman of the Republic is a personalized “independent authority” appointed for six years by decree by the Council of Ministers. So as to guarantee his independence, his term is not renewable and he is irremovable. He may only be replaced before the end of his term of office if he is unable to continue according to certain conditions laid down by decree.

Similarly, the 1973 law states that he may receive no instructions from any other authority and grants him immunity similar to that given to parliamentarians concerning the opinions that he expresses or the acts he carries out in the exercise of his office.

The Ombudsman of the Republic presents an annual report on his activities to the President of the Republic and to Parliament. This report is published and is the basis of a presentation which he makes to each of the assemblies.

II. – tasks

The Ombudsman of the Republic has two main tasks:

―         He is responsible for settling, out of court, any disputes which occur between citizens, on the one hand, and administrations or other bodies with a public service mission, on the other hand;

―         When it appears to him that a body with a public service mission has not worked in keeping with this mission or that the implementation of statutory or regulatory provisions has led to inequitable situations, he is authorized to propose a reform aimed at rectifying the problem or the inequity.

III. – scope of powers

The Ombudsman of the Republic will intervene through individual arbitration when there is an unresolved dispute with administration. “Dispute” refers to a concrete problem met personally by a natural person or a legal entity, whatever his/its nationality or place of abode, in his/its relations with a French body carrying out a public service mission.

The law also states that the Ombudsman of the Republic may not intervene in proceedings which are already being heard by a court nor may he re-examine a court ruling.

IV. – referral

Before referral may be made to the Ombudsman of the Republic on an individual dispute, a first step must have been made to the public body concerned to request an explanation of the decision taken or to contest its merits and the disagreement must still exist.

Referral is not, in principle, made directly to the Ombudsman of the Republic. The person concerned must go through an M.P. or Senator of his choice (the parliamentarian in question does not necessarily have to represent the place of abode of the person concerned nor the place where the dispute took place).

Nonetheless, the representatives of the Ombudsman of the Republic (to whom referral can be made directly or through a parliamentarian) are likely to solve a large number of problems at their level and, in particular, those concerning decentralized state services or local levels of public services. When a representative cannot, himself, settle a dispute, he helps the claimant to draw up a file and directs him towards a parliamentarian who can refer the matter to the Ombudsman of the Republic.

Referral to the Ombudsman of the Republic may also be made by the European Ombudsman or by one of his foreign counterparts. Upon the request of a standing committee, the President of the National Assembly or of the Senate may transmit to the Ombudsman of the Republic, a petition addressed to his assembly.

In addition, the rule concerning the parliamentary filter is not applicable to requests for reform proposals (law of April 12, 2000). Such requests, which may come from a citizen, a representative or a parliamentarian, are directly transmitted to the Ombudsman of the Republic, who, in this field, also has been given the right to auto-referral by the aforementioned law. 

V. – mechanisms for action

As regards the resolution of individual disputes, the Ombudsman of the Republic has no power to impose a solution on the administrations and public services involved in the dispute referred to him. He thus uses his powers of persuasion by setting up a dialogue with the public service concerned. He will set out recommendations aimed at solving the problem.

When he feels it necessary, the Ombudsman of the Republic may set out an equitable recommendation which consists in requesting the body concerned, to depart, in this particular case, from the rules in force in order to solve the problem. It is in such circumstances understood that the proposed solution will not create an irrevocable precedent. 

To facilitate the exercise of his task, the law provides the Ombudsman of the Republic with certain powers and in particular, powers of investigation and injunction to be applied to the administrations and bodies concerned.

In addition, in the case of reform proposals made by the Ombudsman of the Republic, it must be underlined that when such proposals consistently come up against difficulties or when they may interest several ministerial departments, the Minister in Charge of State Reform may call an interministerial meeting based on an agenda laid down by the Ombudsman of the Republic.

VI. – Means

At the seat of the institution in Paris, the Ombudsman of the Republic has a staff of around one hundred.

Recently, the Ombudsman of the Republic has also developed his national network made up today of close to 300 representatives.