International

Ombudsman

Who can present a motion to the Ombudsman?
Persons or organisations who have addressed any of the provincial offices, organisms or companies under their tutelage, and have not received a response, or have received an unsatisfactory response, can present a written motion to the Ombudsman.

How can the Ombudsman intervene?
The Ombudsman can intervene with the provincial administration and organisms or companies under their tutelage to ensure that the administrative process takes its due course and that actions are promptly and correctly implemented:

• accessing official documents regarding the issues in question.
• directly convening the coordinator responsible for the sector in question.
• acting of its own initiative.

For issues regarding the Public Relations Office, the Ombudsman can take action only after a lack of or unsatisfactory intervention by the Public Relations Office.

Specific intervention
Access to official documents (art. 25, comma 4  Leg. 241/90 modified text)
Art. 25 of legislation 241/90, modified and integrated by legislation 15/2005, stipulates under comma 4 that thirty days after an inconclusive request for access to official documents, a request is considered rejected.
In the case of a denial to provide access, whether expressed or tacit, or a deferral of access, the claimant can present a motion to the regional administrative court within 30 days, i.e. requesting from the Ombudsman that the case be re-examined under the same terms,  in relation to official administrative documents.

In the eventuality that this body has not been instituted, responsibility then lies with the Ombudsman appointed for the territorial entity immediately superior. The Ombudsman wilI provide a response within thirty days of the motion's presentation. In the eventuality this term expires inconclusively, the motion is considered rejected.

Should the Ombudsman deem the denial or deferral illegitimate, the Ombudsman will inform the claimant and notify the authority concerned. In the eventuality the latter does not release a motivated confirmed action within thirty days of receiving notification from the Ombudsman, access will be granted. In the eventuality the person or entity claiming access has addressed the Ombudsman, the 30 day term shall take effect from the date the claimant has received the outcome of the motion to the Ombudsman.

To request from the provincial Ombudsman a re-examination of a denial/deferral to access official documents in conformity with Art. 25 Leg. 241/90:

 Claim re-examination form(PDF format - 64KB)
Print, fill out and send by post,  fax or e-mail. 

For more information:  
»Your right to access administrative documents

In what cases can the Ombudsman not intervene?

• on related acts or procedings for which claims have been undertaken before administrative justice, civil or judiciary bodies, or involving the penal justice authorities.
• on the application of union agreements relative to employees.

Presenting claims
The Ombudman's Office also receives motions via post at: Difensore Civico - Via Vivaio, 1 - 20122 Milan, or hand delivered in person from Monday to Thursday from 10:00 am to 12:30 pm, and on Friday from 10:00 am to 12:00 at the Ombudman's administrative offices in Via Vivaio, 1 Milan

 Claim request form (PDF format - 55 KB)
Print, fill out and send by post or fax.

The Ombudsman's Office provides notification in writing to claimants based on the facts, verifications and findings it has gathered.
It may choose to reveal its decision verbally in the case of incompetence. The Ombudsman's Office then notifies to the bodies, offices and services in question the violations, disfunctions or abnormalities encountered, urging them to implement the necessary measures.
It may suggest solutions for eliminating the irregularities and disfunctions detected.
The Ombudsman's Office sends an annual report to the Provincial Council by 31 March, providing notice of the most significant cases, formulating its observations and suggestions.

For more information, call on 02.77402993, Dr. Cinzia Mangoni, to leave a message on an answering machine 24/7. The Ombudsman for the Province of Milan is solicitor Marco Quiroz Vitale.

Related topics on this issue:
» Who is the Ombudsman for the Province of Milan 
» Find the Ombudsman in your town
» The right to access administrative documents
» Useful documents
» Links