BRIEF SUMMARY IN ENGLISH OF THE REPORT TO THE ASSEMBLY OF THE REPUBLIC - 2008
Overview
In 2008, the Office of the Ombudsman of Portugal investigated a total of 8646 proceedings. 6961 of them were new proceedings opened that year; the remainder 1685 were pending from previous years.
Taking into account the Office’s internal division of work (according to the subject matter of complaints), the following statistics were provided in the Report with regard to the distribution of the proceedings opened in 2008:
-
Department 1 – Environment and natural resources, urban planning and housing, town planning and public works, leisure: 562 proceedings (9,7%);
-
Department 2 – Financial and economic affairs, taxation, European funds, civil liability, game, public contracts and consumers’ rights: 1033 proceedings (17, 9%);
-
Department 3 – Labour, social security and social housing: 924 proceedings (16%);
-
Department 4 – Administrative procedures and civil service, statute of the armed forces and security forces: 680 proceedings (11,8%);
-
Department 5 – Judicial affairs, foreigners and nationality, road safety and traffic, registers and notary: 1539 proceedings (26,6%);
-
Department 6 – Constitutional affairs, rights, freedoms and guarantees, prisons and other places of detention, activity of security forces, health, education, culture and science, media and sports: 722 proceedings (12,5%);
-
Work Unit on minors, elderly people, persons with disabilities and women: 106 proceedings (1,8%);
Additionally, in the local offices of the Autonomous Regions of Azores and Madeira, 95 proceedings (1,6%) and 117 proceedings (2%), respectively, were investigated.
Note that an additional 1183 proceedings were opened but not distributed to a specific department, in particular due to their preliminary dismissal.
The Ombudsman issued 24 recommendations (11 of which of a legislative nature), in cases where it was not otherwise possible to persuade the public powers concerned in the context of the proceedings.
The Ombudsman also addressed to the Constitutional Court 2 requests for the declaration of unconstitutionality.
In greater detail…
Department 1: The issues most frequently addressed by complainants were urban planning and housing (219 complaints / 38%), town planning and public works (165 complaints / 29%) and environment and natural resources (156 complaints / 28%). The Ombudsman launched 6 own-initiative proceedings and issued 10 recommendations relating to Department 1 matters, of which we would point out Recommendation n.er 4/B/2008, on the subject of compensation of owners for the anticipated production of effects of expropriation measures, which refers to case law of the European Court of Human Rights.
Department 2: Complaints related most frequently to taxation (603 complaints / 58%), followed by consumer rights (196 complaints / 19%) and financial issues (105 complaints / 10%). The latter represented an increase in relation to 2007 numbers, which was exclusively due to a noticeable increase in complaints against banking institutions. The Ombudsman issued 1 recommendation and launched 1 own-initiative proceeding in relation to Department 2 issues.
Department 3: Complaints related mostly to social security issues (91%) – specifically to social security regimes, to a greater extent (68%), and to civil service social protection regimes, to a lesser extent (29%). These complaints were very distantly followed in number by those relating to labour law (6%) and to social housing (3%). The Ombudsman issued 2 recommendations and reiterated another one; and launched 2 own-initiative proceedings in relation to Department 3 matters. In the context of one of these proceedings, inspection visits were made to the Institute of Employment and Professional Training, on the subject of decisions to grant unemployment subsidy.
Department 4: Most complaints related to the issue of public employment relations (613 complaints / 90%), especially situations related to competitions, remuneration, performance evaluation – in particular of teachers – issues regarding careers and the nature of the link established by public employment. A smaller number of complaints was received on the subject of administrative procedures (64 complaints / 9%), most of which concerning the absence of a decision or a reply.
Department 5: Complaints most frequently addressed issues relating to foreigners and nationality (1119 complaints / 77%). The vast majority of these regarded proceedings of transcription of births in the former Portuguese State of India, while the situations regarding delays in the decision of requests for residence permits and in the decision of issuing of visas were also relevant. Other noteworthy issues were the administration of justice (177 complaints / 11%) – mostly due to complaints dealing with delays in proceedings – and road safety and traffic (132 complaints / 9%) – in particular in relation to administrative offences. Lastly, with regard to Department 5 matters, 1 recommendation was issued by the Ombudsman.
Department 6: The most complained about issue was education (160 complaints / 24%), in particular higher education. These complaints were followed closely by those relating to health (150 complaints / 23%) and penitentiary issues (147 complaints / 22%). With regard to the latter, complaints related mostly to transfer requests, health and security and discipline. Additionally, 35 complaints of unconstitutionality were brought to the Ombudsman, but only in 2 cases the Ombudsman requested to the Constitutional Court the review of constitutionality of the provisions concerned. The Ombudsman issued 6 recommendations relating to Department 6 matters, of which we would point out Recommendation n.er 11/B/2008, addressed to the Portuguese Federation of Football on the subject of non discrimination on the ground of nationality with regard to access by a foreign minor to the amateur practise of football.
Work Unit: Complaints related mostly to the situation of persons with disabilities (38%), in particular with regard to special education needs. These complaints were followed closely by situations relating to minors (35%) – the majority of which relating to physical and psychological abuse and to homing/fostering in institutions, families and nannies – and more distantly by situations relating to elderly people (25%) – mostly situations relating to the provision of social services and to physical and psychological abuse. Also to bear in mind is the activity of the two toll-free telephone helplines functioning under the coordination of the Work Unit: the Line “Messages from the Children” received 883 calls; and the Line for the Elderly Citizen received 3348 calls. These calls were dealt with mostly by providing information or by directing the caller to the competent body. Only in a small number of cases did these call lead to the opening of formal proceedings at the Office of the Ombudsman. With regard to Work Unit matters, the Ombudsman issued 2 recommendations, both on the topic of persons with disabilities. The Report also mentions that in 2008 two inspections were concluded – one to the 32 Children and Youth Homes and the 7 Temporary Homing Facilities existing in the Autonomous Region of Azores, and another to the 21 homing institutions for the elderly existing in the Autonomous Region of Madeira – both of which culminated in the publication of Special Reports containing recommendations addressed by the Ombudsman of Portugal to the relevant public bodies.
Local office in the Autonomous Regions of Azores: Complaints most frequently related to the duty of the Administration to reply; the right to swift procedures; objections regarding environment and urban planning matters; and the statute of Public Administration employees. 1 recommendation was issued by the Ombudsman in relation to matters handled by the local office in Azores. Also noteworthy was the inspection already mentioned above, regarding the children and youth homes and the temporary homing facilities.
Local office in the Autonomous Regions of Madeira: Most frequently, complaints related to environment and urban planning (46%); rights, freedoms and guarantees (20%); the administration of justice (14%); and financial issues (12%). The Ombudsman issued 1 recommendation and launched 1 own-initiative proceeding in relation to matters handled by the local office in Madeira. Also noteworthy was the inspection already mentioned above, regarding the homing institutions for the elderly.
.
