LE MEDIATEUR — The French Ombudsman — Cover Image

МЕДИЈАТОР — LE MEDIATEUR француски омбудсман
LE MEDIATEUR — The French Ombudsman —

Author(s): Dragaš Denković
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: The author has explained the legal position of the Mediator and his role of a particular body (organ) for the protection of rights and equity in society. Besides that, he has stated that there is a discussion going on in the French legal theory as to whether the activities of the Mediator can be controlled by the judiciary. He has also referred to the discussion which is going on in connection with extraordinary increase in the number of ..mediators” in France, such as in the Ministry of Justice — les conciliateurs, in the Ministry of National Health — les modérateurs, and in troduction of particular mediators in many cities and administrative institutions. The author has stated also that this discussion may lead to the considering of whether there can be any judicial control or supervision of the appointed representatives and whether a whole network of these appointed representatives is really necessary. He especially stressed that today, when there is a constitutional judiciary, which gives opinions as to whether laws are in compliance with the Constitution or in conflict, it is logical to assume that there is judicial control or supervision to assess if the activities of the appointed representatives is in compliance with the Constitution and other laws, which have vested in him certain authority for the - performance of protection of rights and equity in society. He has agreed with the opinions that judicial control or supervision of the activities of the administration in France and the Mediators’ are complementary in the protection of law and order, for the Mediator, in his own way, and through his interventions, makes efforts for the protection of equity.

  • Issue Year: 31/1983
  • Issue No: 1-4
  • Page Range: 258-269
  • Page Count: 12
  • Language: Serbian
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