Investigative Powers of the Ombudsman : A Brief Description of the Legal Context of Own Initiative Investigations by the National Ombudsman of the Netherlands

This paper is about the investigative powers of the National ombudsman of the Netherlands. It describes the legal context of own initiative investigations and the relevant provisions of the three pieces of legislation on the basis of which the ombudsman operates: article 78a of the Constitution, the Wet Nationale ombudsman (Law on the National ombudsman, in short WNo) and the Algemene Wet Bestuursrecht (General Administrative Law Act, in short: Awb). The norms of proper conduct (behoorlijkheidsvereisten) are the normative framework that the ombudsman applies. The paper details the different powers that these laws give the ombudsman, as well as the restrictions and requirements on these investigative powers