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Law National Ombudsman

Original Language Title: Wet Nationale ombudsman

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Law of 4 February 1981, setting up the post of National Ombudsman and amending certain laws

Chapter I. Begripsprovisions and application scope

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Article 1

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This law shall be governed by:

  • a. Ombudsman: the National Ombudsman, referred to in Article 2 ;

  • b. Children's Ombudsman: the substitute ombudsman designated as such, intended to Article 9, first paragraph ;

  • c. Veterans Ombudsman: the Ombudsman to the extent that he acts as intended Chapter IIB , or the substitute ombudsman designated as such in question Article 9, first paragraph ;

  • d. official: a civil servant, a former official, a person with whom a contract of employment is concluded by a governing body to civil law, including after termination of the contract of employment, a conscription military officer, even after the end of the term of employment the responsibility of the governing body, including after the end of the work;

  • e. public bodies: public bodies Bonaire, Sint Eustatius and Saba.


Article 1a

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  • 2 A conduct of an official, carried out in the performance of his duties, shall be regarded as a conduct of the administrative organ under whose responsibility he is employed.


Article 1b

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  • 2 The Ombudsman registers the provinces, municipalities, public bodies, waterboards and common arrangements with an own facility as referred to in Article 1a, first paragraph, point (b) . He makes this registration public.


Article 1c

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  • 1 Provinces, municipalities, public bodies, water boards and common schemes as intended Article 1a, first paragraph, point (b) The Ombudsman shall pay compensation in order to cover the costs associated with the examination of petitions concerning their administrative bodies by the Ombudsman. Our Minister of the Interior and Kingdom Relations will fix the fee.

  • 2 In the case of, or under general management, detailed rules shall be laid down concerning:

    • (a) the calculation of the compensation to be paid;

    • (b) the means of payment of the fee due;

    • (c) the time at which the compensation due must be fulfilled.


Article 1d

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The Articles 1b and 1c shall not apply to the Child Ombudsman or the Veterans Ombudsman, to the extent that it acts as such.

Chapter II. The National Ombudsman

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Article 2

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  • 1 There is a National Ombudsman.

  • 2 The Ombudsman shall be appointed by the Second Chamber of the States-General. When appointing the President of the Council of State, the President of the High Council of the Netherlands and the President of the General Court of Auditors and the President of the Court of Auditors, the President of the Supreme Council of the Netherlands and the President of the Court of Auditors and containing the names of at least three persons, if it is to be considered appropriate.

  • 3 The duration of the appointment shall be six years.

  • 4 If the Second Chamber intends to reappoint the Ombudsman, it may provide that the second sentence, second sentence, shall remain outside the scope of the second paragraph.

  • 5 If it appears that the Second Chamber will not be able to come to the appointment of a new Ombudsman in good time, the Second Chamber shall provide for the appointment of the Ombudsman as soon as possible. Article 10, fifth to seventh paragraphs , shall apply mutatis mutandis.


Article 3

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  • 1 The second Chamber shall discharge the Ombudsman from the next month following that in which he reaches the age of seven.

  • 2 The second Chamber also dismisses the Ombudsman:

    • a. at his request;

    • b. where he is permanently unfit to function as a result of diseases or defects;

    • (c) on the acceptance of a post or for the purposes of this Act, shall be declared incompatible with the office of the Ombudsman;

    • d. in the event of the loss of the Nederlandership;

    • e. where he has been convicted of a criminal offence by an irrevocable order, or has been a measure of deprivation of liberty in the case of such a judgment;

    • f. where, by way of irrevocable order, he has been declared under receivership, in a state of bankruptcy, that natural persons have been declared subject to the debt restructuring scheme, he shall be the subject of a judicial review of the has been granted payment or has been held hostage because of debts;

    • g. when, in the judgment of the Second Chamber, he places serious harm on the trust to be placed in the Court of First Instance by acting or omission.


Article 4

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  • 1 The second Chamber places the Ombudsman on non-activity in the event that:

    • (a) he is in custody;

    • b. he has been convicted of a criminal offence in a judgment which has not yet become irretrievable or has been subject to a measure involving deprivation of liberty in the case of such a judgment;

    • c. he is placed under receivership, has been declared bankrupt in respect of the debt restructuring scheme, has been declared to be natural persons, has obtained surseance of payment or has been held hostage by reason of the debt by a court ruling that has not yet become final.

  • 2 The Second Chamber may provide the Ombudsman with a non-activity if he is prosecuted for a crime or if there is any serious suspicion of the existence of any facts or circumstances which may be dismissed, other than on grounds in Article 3 (b) (b) -Could lead.

  • 3 In the case referred to in the second paragraph, the non-activity shall end after three months. However, the second Chamber may extend the measure for a period of not more than three months.

  • 4 The Second Chamber terminates the non-activity as soon as the ground for the measure is due to expire.

  • 5 The second Chamber may decide, in the case of non-activity, that no salary or only part of the salary will be paid during the non-activity period, in the latter case, under designation of the part that will be enjoyed.

  • 6 If the non-activity other than by dismissal has been completed, the Second Chamber may decide that the salary not enjoyed shall be paid in whole or in part, in the latter case under the direction of the part which will be paid. paid.


Article 5

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  • 1 The Ombudsman may not hold:

    • (a) membership of public sector colleges in which the choice is made by elections in accordance with statutory rule;

    • b. a public relationship to which a lump sum reward or stipend is connected;

    • c. the membership of fixed lectures of advice and assistance to the Government;

    • d. The profession or office of lawyer or notary.

  • 2 The Ombudsman shall not carry out any relationship which is not required for the performance of his office or for the maintenance of his impartiality and independence or of confidence in it.

  • 3 The relations which the Ombudsman carries out outside his office shall be made public by him.


Article 6

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The provisions of the General pension law political office holders shall apply mutatis mutandis to the Ombudsman, on the understanding that it shall be treated as a member of the Second Chamber of the States-General.


Article 7 [ Expired by 13-02-2009]

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Article 8

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Before he takes up his duties, the Ombudsman shall, in the hands of the President of the Second Chamber, submit:

  • a. the oath or declaration and promise that he has given or promised to anyone, directly or under whatever pretext, until obtaining his appointment, under whatever name or under whatever pretext, as well as to do or do anything in office. have either directly or indirectly adopted or will assume any gift or promise;

  • b. the oath or promise of allegiance to the Constitution .


Article 9

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  • 1 The second Chamber shall, at the request of the Ombudsman, appoint one or more persons to become a substitute ombudsman, thereby appointing the substitute Ombudsman who has the post of Child Ombudsman or Veterans Ombudsman. For this purpose, the Ombudsman shall issue a recommendation containing the names of at least three persons. If there is no Child Ombudsman or a Veterans Ombudsman, the Ombudsman shall arrange as soon as possible for a request as referred to in the first sentence.

  • 2 The appointment of a substitute Ombudsman shall be made for the duration of the term of office of the Ombudsman, on whose request he has been appointed, increased by one year.

  • 3 If the Second Chamber intends to reappoint a substitute ombudsman, it may provide that the first paragraph, second sentence, shall remain outside the scope of the second Chamber.

  • 5 The Ombudsman shall arrange for the work of a substitute ombudsman.


Article 10

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  • 1 The Ombudsman shall arrange for his replacement by a substitute ombudsman, in cases where he is temporarily unable to discharge his duties. The Ombudsman shall also arrange for the replacement of the Children's Ombudsman or the Veterans Ombudsman by a substitute Ombudsman, in cases where he is temporarily unable to discharge his office.

  • 2 If no substitute Ombudsman is present or available, the Second Chamber shall, as soon as possible, provide for the replacement of the Ombudsman, Child Ombudsman or Veterans Ombudsman. In that case, the replacement shall end when the Ombudsman, the Child Ombudsman or the Ombudsman is in a position to perform his or her duties or, if the Ombudsman, the Child Ombudsman or the Ombudsman or the Ombudsman has been put on non-activity, at the time when the Ombudsman, the Ombudsman, the Ombudsman, the Ombudsman, or the Ombudsman, is non-activity ends.

  • 3 If the Ombudsman, Child Ombudsman or Veterans Ombudsman dies or is Article 3 The second Chamber shall provide as soon as possible the observation of the office of Ombudsman, Child Ombudsman or the Ombudsman by a substitute Ombudsman.

  • 4 If no substitute Ombudsman is present or available, the Lower Chamber shall provide for the observation of the office of Ombudsman, Child Ombudsman or Veterans Ombudsman as soon as possible.

  • 5 The observation shall cease to be effective at the time when a new Ombudsman, Child Ombudsman or Veterans Ombudsman has been in office.

  • 7 If the replacement or observer referred to in paragraph 6 relates to a relationship or membership as referred to in paragraph 6, Article 5, first paragraph, parts b and c He/she holds, for the duration of the replacement, or the observation in that respect, or that membership shall be automatically non-activity. The remuneration for such membership or membership, including any allowances, shall be omitted during the period of non-activity.


Article 11

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  • 1 In his support, the Ombudsman has an office.

  • 2 The persons belonging to the Agency shall be appointed, promoted, suspended and dismissed by us on a proposal from the Ombudsman.

  • 3 We determine the cases in which persons belonging to the office are appointed, promoted, suspended and dismissed by the Ombudsman.

Chapter IIa. The Child Ombudsman

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Article 11a

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For the purposes of this Chapter:

  • a. Young: a person who has not yet reached the age of majority;

  • (b) Child rights convention: the Convention on the Rights of the Child, established in New York on 20 November 1989 (Trb. 1990, 46);

  • c. Youth rights: the rights of young people, included in the Children's Rights Convention.


Article 11b

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  • 1 The Ombudsman's task is to promote the rights of young people to be respected by administrative bodies and by private-law organisations.

  • 2 He does this in any case by:

    • to clarify and provide information on the rights of young people;

    • advise and unsolicits the Government and the two Chambers of the States-General on legislation and policies which affect the rights of young persons;

    • (c) instituting research into respect for the rights of young people in the wake of complaints or on their own initiative;

    • (d) supervise the way in which complaints from young people or their legal representatives are dealt with by the competent authorities, other than the Ombudsman.

  • 3 In carrying out its duties, the Child Ombudsman shall take as much as possible into account the views of young people themselves in accordance with Article 12 of the Child Rights Convention, with the interests of young people and their experience world.


Article 11c

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  • 1 Any person who considers that one or more rights of young persons shall not be respected by:

    • a. A governing body as referred to in Article 1a By way of derogation from Article 1a (b) (b), including administrative bodies having their own provision for the examination of applications as referred to in Article 1a (b),

    • (b) a body of a legal person, other than a governing body, to the extent that:

      • 1 ° shall carry out a duty on young persons under or under the law; or

      • 2 ° is otherwise engaged in youth activities in the field of education, youth, child care or health care,

    may lodge a complaint with the Child Ombudsman.

  • 3 A conduct of an employee of a legal person referred to in paragraph 1 (b) in the performance of his duties shall be considered to be a conduct of that legal person.


Article 11d

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Article 11th

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  • 1 The Ombudsman shall send an annual report of its work to the two Chambers of the States-General and to Our Ministers, as well as to other administrative and private bodies, to the extent that he considers it appropriate. Article 10 of the Public Administration shall be applied mutatis mutandis subject to the understanding that the Child Ombudsman may attach to the report data, only for confidential knowledge by the members of the States-General and Our Ministers.

  • 2 The Children ' s Ombudsman shall ensure that the report is made public and publicly available.

  • 3 The Child Ombudsman may inform the two Chambers of the States-General and representative bodies of provinces and municipalities of its findings in a moment immediately after the conclusion of an inquiry, as often as he has the prior knowledge thereof; eight or an institution for the purpose of the relevant institution, if it so requests.

Chapter IIb. The Veterans Ombudsman

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Article 11f

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For the purposes of this Chapter:


Article 11g

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  • 1 The Veterans Ombudsman is competent:

    • a. As a result of complaints or of its own initiative, an investigation into the manner in which a body as referred to in Article 11h, first paragraph , has acted in a particular matter, unless Article 9:22 of the General Administrative Law is applicable;

    • b. requested and unsolicits advice to the Government and the two Chambers of the States-General on the implementation of the Veterans law and on policies that affect a proper treatment of Veterans;

    • c. the manner in which the complaints of veterans or their relations by the competent authorities, other than the Ombudsman, are being handled and analysed and informed by the Government and the Second Chamber of its findings.


Article 11h

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  • 1 A veteran or on behalf of this one, a relationship of a veteran, who considers not to be properly treated by:

    • a. A governing body as referred to in Article 1a ;

    • (b) a body of a legal person, other than a governing body, to the extent that:

      • 1. is exercised by or by virtue of a duty regulated by law in respect of veterans; or

      • 2 °. otherwise exercise a duty towards veterans,

    can file a complaint with the Veterans Ombudsman.

  • 3 A conduct of an employee of a legal person referred to in paragraph 1 (b) in the performance of his duties shall be considered to be a conduct of that legal person.


Article 11i

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Chapter III. Additional provisions relating to the investigation

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Article 12

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The Ombudsman is not required to carry out an inquiry as referred to in Article 9:18, 1st paragraph, of General Law governing law , to be set up or to continue if a petition, the same conduct concerning, is pending in respect of a committee responsible for the examination of petitions from the First or Second Chamber or from the United Assembly of the European Parliament States-General or-except where a new fact or circumstances have become known and that it may have led to a different judgment on the conduct referred to,-on the basis of a finding by the relevant committee of a application to either the First or Second Chamber or the United Meeting of the States-General has been proposed.


Article 13

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Article 9:31, first paragraph, third sentence, of the General Administrative Law Act does not apply to Our Ministers.


Article 14

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Our Ministers may prohibit the Ombudsman from entering certain localities if, in their opinion, this would harm the security of the State.


Article 15

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The Ombudsman may order that persons who, although legally called upon, have not appeared, are brought by the public authority for him to fulfil their obligations.


Article 16

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  • 1 The Ombudsman shall each year send a report of his activities to the two Chambers of the States-General and to Our Ministers, and to the representative bodies of provinces, local authorities and offices, and to the general public. controlling common arrangements as referred to in Article 1a, first paragraph, point (b) In so far as the Ombudsman has dealt with petitions in respect of their governing bodies. Article 10 of the Public Administration shall be applied mutatis mutandis subject to the understanding that the Ombudsman may attach information to the report only for confidential knowledge by the members of the States-General and our Ministers.

  • 2 The Ombudsman shall ensure that the report is made public and publicly available.

  • 3 The Ombudsman may also shortly after the conclusion of an inquiry, the two Chambers of the States-General, representative bodies of provinces, local authorities and public bodies and general administration of common rules informing of his or her findings and judgment, as often as he considers the previous knowledge to be relevant to the relevant body or an institution in order to do so.

Chapter IV. Transitional and final provisions

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Article 17

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The nominations for the implementation of this law to take royal decrees shall be made by Our Minister of the Interior and Kingdom Relations.


Article 18

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If provinces, municipalities, public bodies, waterboards or common arrangements have set up their own application for the handling of petitions as intended Article 1a, first paragraph, point (b) The Ombudsman shall continue to have jurisdiction to deal with petitions in respect of their governing bodies which have been received by him for the effective date of his own provision.


Article 19

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Until one year after the entry into force of a decision as referred to in Article 1a, first paragraph, point (e) A petition may be submitted to the Ombudsman in respect of a conduct of the relevant administrative body that has taken place before the relevant administrative body has been taken out.


Article 19a

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  • 1 By way of derogation from Article 1a , until two years after the entry into force of the Law Public Bodies Bonaire, Sint Eustatius and Saba will apply only to the conduct of the governing bodies of public bodies, to the extent that the Ombudsman is responsible for this. Request from the Public Body's islets has been requested. In doing so, the Ombudsman may lay down a deadline for the application of this law in respect of the conduct of the governing bodies of public bodies.

  • 2 A decision referred to in paragraph 1 shall be published in the Official Gazette and in the statement sheets of public bodies.


Article 20

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This law is cited as: Law National Ombudsman.