Remedies against Administrative Abuse in Central Europe,the Soviet Union,and Communist East Europe (Ombudsmen and Others

Abstract

The establishment of German administrative courts does not exclude the institution of an Ombudsman, but the German tradition of executive predominance works against it. The law of the German Federal Republic provides for a Verfassungbeschwerde, which places rights under the protection of a Constitutional Court. Creation of the armed forces led to the establishment of a Defense Commissioner of the Bundestag—an office modeled after the Swedish Military Ombudsman—which is now generally accepted. There appears to be little interest in a Civilian Ombudsman. Austria has a long tradition of effective control by the Federal Administrative Court. Introduction of an Ombudsman is not, at present, under consideration there. In the Soviet Union, control over public administration is exercised by a branch of the Executive—the Prokuratura. However, unlike Scandinavian Ombudsmen, Procurators are subordinated to party guidance and discipline. Moreover, Soviet law provides scant access to courts for citizens seeking redress of administrative abuses. East European regimes have abolished review by administrative courts and adopted the Soviet Procuracy. In Yugoslavia, public prosecutors retain their role of guardians of legality, but supervision of administration has, largely, been transferred to the courts. Other East European countries, to date, have not followed the Yugoslav example. A debate on this issue is now in progress.