Scope of Responsibility
The Office of the Ombudsman works to defend the rights and interests of citizens vis-à-vis the public administration. In order to properly discharge these duties, it operates freely and independently.
Provincial Government
The Office of the Ombudsman investigates complaints pertaining to the Provincial Government and can examine the activities of all public agencies and departments of the Provincial Government. This includes the public corporations entrusted with certain tasks by the Provincial Government, e.g., the South Tyrolean Residential Building Institute (WOBI).
The Office of the Ombudsman is also responsible for investigating complaints as well as providing consulting and mediating in matters pertaining to public health and environmental and nature protection.
Public Hygiene Agencies
The Office of the Ombudsman investigates complaints by patients who are dissatisfied with the services of public health agencies and informs them about their rights and duties.
Municipal Governments
In all municipal governments of the province, the Ombudsman also assumes the responsibility of the local ombudsman, and can (on the basis of agreements) monitor the administrative activities of local governments.
National Government
The Office of the Ombudsman is also responsible – though only until the National Ombudsman can take charge – for monitoring the activities of the National Government, insofar as they take place in South Tyrol, e.g., activities of the National Institute for Social Welfare (NISF/INPS) and of the National Welfare Institute for Employees in Public Agencies ex NFAÖV/INPDAP.
However, the areas of defense, public safety, and law are excepted. The initiation of official investigations as well as the provision of consulting services are possible only in the framework of this responsibility. In cases of doubt, just give us a call. In the case of other problems, we will do everything in our power to put you in contact with the proper agency.
General Citizens' Concerns
In the area of general citizens' concerns, the defense and protection of the rights and interests of citizens vis-à-vis the public administration is our goal. In this area of activity, we offer the following services:
- the acceptance and processing of complaints and the provision of information about the results of our investigation;
- the discovery of deficiencies in individual cases and action to remedy them;
- the provision of information pertaining to the rights and duties of citizens.
In order to be able to effectively perform the aforementioned task, the Ombudsman employs experts for specific matters, e.g., for matters relating to seniors, environmental issues, the handicapped, and immigrants.
Patients' Rights
In the area of patients' rights, our goal is to defense and protect the rights and interests of citizens requiring services from South Tyrol's public health agencies. In the area of the public health sector, we offer the following services:
- the acceptance and processing of complaints and the provision of information about the results of our investigation;
- depending upon the individual case, the discovery of deficiencies in individual cases and action to remedy them;
- the provision of information pertaining to the rights and duties of patients.
For many years, now, an expert with the Office of the Ombudsman has been dealing with patients' rights. Besides daily office hours in the offices in Bozen / Bolzano, this expert for patients' rights has office hours in the hospitals in Bozen / Bolzano, Meran / Merano, Brixen / Bressanone, and Bruneck / Brunico. The Conciliation Agency for Medical Liability Issues rounds out the spectrum of patient protection services.
Courts of Law are independent governmental bodies and the Office of the Ombudsman thus has no authority to review judicial rulings.
In matters of civil law (family law, legal matters pertaining to neighborhood relations, inheritance, rent and labor law, compensation for damages, consumer protection, the interpretation of contracts, etc.) we are unable to serve you.
Further, private companies (e.g., banks and insurance companies) are not subject to scrutiny by the Office of the Ombudsman.
The Office of the Ombudsman is likewise not responsible for matters of criminal law.
We are not a "public lawyer" and cannot provide legal representation to individuals with a grievance. In cases of doubt, just give us a call. We will do everything in our power to put you in contact with the proper agency.
For All Citizens
Every person can – within the limits of our purview – come to us. Citizenship and place of residence are not relevant. We are here not just for individuals and families, but also for citizens' groups, legal entities, social organizations, companies, and also members of public agencies and governments bodies.
Simplicity
There are no strict rules for initiating a process. You can communicate your matter to us verbally, in written form, by fax, or by e-mail. We will, of course, inform you about the results of our investigation.
Confidentiality
Your inquiries, complaints, and suggestions will be treated confidentially if you don't wish to establish contact with the relevant public agency. The Ombudsman and her staff are bound by official secrecy.
Objectivity – Not Partiality
Even though the concerns of citizens seeking assistance in dealing with their complaints are always of paramount importance to us, the Ombudsman is obligated to remain objective and impartial. We cannot represent you vis-à-vis public agencies or formulate petitions.
Complete Access to Documents
The public agencies must provide the Ombudsman with complete access to their documents and records and supply them with the necessary information. Such agencies cannot invoke the need for official secrecy. The Ombudsman also has the option of having expertises prepared.
Do Not Forget to Avail Yourself of All Your Legal Options
Contacting the Ombudsman does not make it unnecessary to avail yourself of all your legal options (appeals, objections, etc.) in fighting an administrative decision, nor does it have any postponing effect upon the course of proceedings or deadlines.
Duty of Public Agencies to Provide Information
You should first address your questions concerning current processes and about the legal situation to the responsible public agency. Such agencies are required to provide corresponding information, and – in addition to the legal minimum – also inform you about administrative procedures and the likelihood of success of your application. If you are not satisfied with this information or desire additional information from an independent source, we can help you in the scope of our responsibilities.
Administrative Decisions Are Not Repealed
The Ombudsman can determine if a public agency has acted properly and appropriately, but she cannot repeal or amend such decisions. However, she can recommend that certain deficiencies be remedied.
Recommendations to Public Agencies
In the context of an investigation, the Ombudsman can make recommendations to the head of public agencies as to how a deficiency she has discovered could best be remedied and avoided in the future. She is not a judicial authority. The activity report which the Ombudsman submits each year to the Provincial Parliament and the Provincial Government can be regarded as an indirect yet effective means of motivating public agencies to remedy deficiencies.
No Costs
The services of the Provincial Ombudsman are free of charge.
Official Investigations
The Provincial Ombudsman is authorized to launch official investigations into possible deficiencies of which he becomes aware via citizens who are not directly affected or via the media.
