The citizenship’s right to participate in public matters is considered a democratic principle by our juridical legislation. The proximity, the assumption of more competences by the local entities regarding various matters, in application of the principle of subsidiarity and the increasing tendency to search mechanisms that improve the protection of the citizenship in the front of the administration, are the aspects that promote and favor the implantation of the local ombudsman in the local area.

The goal of the institution is to stand for the fundamental rights and the public freedoms of the neighborhood. Therefore it may supervise the municipal administration. Its performance includes examining and solving the complaints made in accordance with legality and equity criteria. It may also act as mediator whenever the parties agree as well as propose formulas of either conciliation or agreement between the administration and the citizenship.

Catalonia is the only community, with the intervention of the same local ombudsmen’s, that has formally regulated this institution in the Spanish state. In 2002 the local ombudsman was included in the autonomic normative, in the Municipal Law of Catalonia (Law 2/2003 approved by Legislative Decree, April 28), where the necessary minimums in order to implant this figure in different towns are specified (articles 48 and 59).

The features about the local ombudsman in these regulations and complemented by the regulations of the institution that each Town Hall has to approve are: the syndic or defender is appointed by the plenum of the corporation with a majority of three fifth parts. This post lasts for five years. The institution is not subject to any imperative mandate and will act according to legality and equity criteria. It does not receive instructions from any authority and carries out its duties with autonomy, independence and objectivity. The annual report, presented at the Corporation Plenum, is a summary of its activity and a set of resolutions and recommendations presented by this institution in the town.

Finally, the present Autonomous Statute of Catalonia also assumes and mentions the collaboration connections that the Síndic de Greuges de Catalunya may establish with syndics and local defenders (Chapter V, section second, article 78.4 of the Statute of Autonomy of Catalonia. 2006).