Date of Defense
26-3-2024 11:30 AM
Location
H2-Moot Court Room-Ground Floor
Document Type
Dissertation Defense
Degree Name
Doctor of Philosophy in Public Law
College
College of Law
Department
Public Law
First Advisor
Prof. Magdi Shouaib
Keywords
The Ombudsman, Parliamentary Commissioner, Defenseur Des Droits, Public Mediator, Kingdom Ombudsman, Administrative Ombudsman, Stakeholder Disputes, Complaints, Administrative Grievances, National Human Rights Institution.
Abstract
In the midst of governments’ trend towards re-evaluating the relationship with customers by building a partnership relationship between them to achieve common and diverse interests at the legal, administrative, social and economic levels, the researcher sought to find mechanisms that would enhance trust between the government and customers to find alternative solutions to address customer’s complaints and disputes arising from administrative work. Therefore, the choice fell on the experience of the State of Sweden in establishing the Ombudsman system, which aims to protect the rights of customers and address their disputes with the administration, verify that these authorities implement the law and the rules of justice, ethics, and good administrative work, and work on the continuity of development of administrative work to ensure that customer’s confidence in the administration is strengthened, and thus benefiting in an organized manner from reform processes that the administration may not see due to its involvement in executive and operational work, or a group of complaints that may not reach the judicial authorities due to the lack of jurisdiction to monitor them for formal or substantive reasons, and which the researcher believes that those complaints have right to be studied and dealt with fairness. And this is through an experience represented by an independent body that would be a path for the customer and a means of redress in the face of management if there is a mismanagement of that body\entity. This research reviewed the main experience of the State of Sweden in the Ombudsman system, as it was the first to implement this organization in the modern legal sense, where the origins of the system, its working mechanism, and even its outcomes were presented, including the method of appointing the Ombudsman, its competences and powers, and then some other global models selected at the European and Arab level were presented to give a comprehensive picture of the topic and how countries are attracted to this system, and all of that is within the first section of this research. After explaining the applied experiments, it was the turn to research, within the second section, the legal and administrative system of the UAE, to try to find out ways to address disputes of those dealing with the administrative body at the present time, and how to submit complaints, and the possible authorities and powers. The mechanisms were viewed at all major levels, represented by the administrative body and the Office of The Presidency, the Council of Ministers, the Federal National Council, the media in the country, and other relevant parties, in order to begin building an Emirati vision and a system that is similar to the global experience in dealing with customer disputes, and aligning them in a way that is compatible with the legal organization of the United Arab Emirates, and considering the possibility of implementing the system after working on a number of Legal, administrative and institutional amendments and changes to build an integrated organization at the federal and local levels. The main goal of proposing the model in the UAE is to create a unified system at the state level to receive customer complaints and work on administrative and legal reforms, forming a region-wide entrepreneurial model that supports and enhances the protection of the customer with the administration, in addition to the development of government work in the UAE in light of The positive efforts that will result from the implementation of this system, especially since the UAE is considered a distinguished incubator for the best government experiences and a pioneer in government work.
Included in
THE OMBUDSMAN SERVICES AS A MECHANISM TO ENHANCE TRUST IN ADMINISTRATIVE ENTITIES IN THE UNITED ARAB EMIRATES
H2-Moot Court Room-Ground Floor
In the midst of governments’ trend towards re-evaluating the relationship with customers by building a partnership relationship between them to achieve common and diverse interests at the legal, administrative, social and economic levels, the researcher sought to find mechanisms that would enhance trust between the government and customers to find alternative solutions to address customer’s complaints and disputes arising from administrative work. Therefore, the choice fell on the experience of the State of Sweden in establishing the Ombudsman system, which aims to protect the rights of customers and address their disputes with the administration, verify that these authorities implement the law and the rules of justice, ethics, and good administrative work, and work on the continuity of development of administrative work to ensure that customer’s confidence in the administration is strengthened, and thus benefiting in an organized manner from reform processes that the administration may not see due to its involvement in executive and operational work, or a group of complaints that may not reach the judicial authorities due to the lack of jurisdiction to monitor them for formal or substantive reasons, and which the researcher believes that those complaints have right to be studied and dealt with fairness. And this is through an experience represented by an independent body that would be a path for the customer and a means of redress in the face of management if there is a mismanagement of that body\entity. This research reviewed the main experience of the State of Sweden in the Ombudsman system, as it was the first to implement this organization in the modern legal sense, where the origins of the system, its working mechanism, and even its outcomes were presented, including the method of appointing the Ombudsman, its competences and powers, and then some other global models selected at the European and Arab level were presented to give a comprehensive picture of the topic and how countries are attracted to this system, and all of that is within the first section of this research. After explaining the applied experiments, it was the turn to research, within the second section, the legal and administrative system of the UAE, to try to find out ways to address disputes of those dealing with the administrative body at the present time, and how to submit complaints, and the possible authorities and powers. The mechanisms were viewed at all major levels, represented by the administrative body and the Office of The Presidency, the Council of Ministers, the Federal National Council, the media in the country, and other relevant parties, in order to begin building an Emirati vision and a system that is similar to the global experience in dealing with customer disputes, and aligning them in a way that is compatible with the legal organization of the United Arab Emirates, and considering the possibility of implementing the system after working on a number of Legal, administrative and institutional amendments and changes to build an integrated organization at the federal and local levels. The main goal of proposing the model in the UAE is to create a unified system at the state level to receive customer complaints and work on administrative and legal reforms, forming a region-wide entrepreneurial model that supports and enhances the protection of the customer with the administration, in addition to the development of government work in the UAE in light of The positive efforts that will result from the implementation of this system, especially since the UAE is considered a distinguished incubator for the best government experiences and a pioneer in government work.