Ombudsman Ángel Luna slaps the Ministry for Equality and Inclusive Policies on the wrist. On this occasion, due to the misuse of the previous appointment that this department wanted to guarantee “direct, face-to-face and personal attention” especially to those who have more difficulties in accessing technological tools. The autonomous ombudsman has been so insistent on these issues in recent months, especially with the fact that the previous appointment, to which many administrations have had to apply, had no “legal basis”.
The source of this new slap to the wrist is an article on March 22 that complained about problems in running a procedure because the ministry was not given an appointment. After the complaint was accepted for processing, Equality was asked to submit a report to the Ombudsman on the facts that led to the opening of the procedure and, in particular, the legal justifications for citizens to make an appointment to submit an application. measures taken to ensure that people are seen in offices and that people going to administrative points are taken care of.
The entry for the report requested from Equality on 24 April was recorded, revealing that there are no legal grounds for citizens to make an appointment in advance to be attended to at the offices. The ministry also said that “the dating experience during the pandemic has been very positive in terms of office organization and best customer service.” Given these facts, Luna agrees with Articles 8 and 9.2 of the Valencia Community Statute of Autonomy. She thinks that the right to good governance in the articles of association has been violated.
European Union
The Ombudsman also refers to article 41 of the European Union Charter of Fundamental Rights, which states that “everyone has the right to have their affairs dealt with impartially and fairly within a specified period of time by the institutions, bodies and agencies of the EU”. It makes sense”. In the equality complaint, it is stated that making an appointment in advance is an option so that citizens can be seen at the offices regarding records, while citizens without an appointment can be served between 09:00 and 11:00 in the morning.
In the opinion of the institution, face-to-face meetings should be open at all hours of the registration and attention offices, unconditionally and unrestricted, always open and at the service of the citizens. According to the Ombudsman, this Equity shows that limiting non-appointmental care to a few hours is due to “better regulation of time”, not a decision about the exercise of self-organizing power by public administrations. there is.
Luna recalls that the power to organize services in the most appropriate way for greater efficiency is “characterized by common sense, which should not be confused with arbitrariness, which is always forbidden, which dominates its use.” The Ombudsman also points out that the power to organize is not entirely free and must be subject to certain limits; These include respect for the legality of administrations’ principles of effectiveness and efficiency, and meeting the public interest.
proximity
The regional ombudsman also refers to Law 40/2015 on the Legal Regime of the Public Sector, which states that the Administration must respect certain principles in its actions and relations, including proximity to citizens and effective service. Finally, he cites a February decision of the Asturias High Court of Justice, saying: “Parties interested in accessing a public register cannot see their rights being restricted or enforced. using alternative means.
For this reason, Luna decides that in cases such as those giving rise to the complaint, people who go to the service and registration offices will be looked at during the hours they are brought to the public’s attention, without limitation or subject to a specific schedule. . , and appropriate instructions are given to ensure face-to-face engagement of citizens within the normal parameters required.
The digital divide that separates people from institutions
The digital divide is increasingly creating a barrier between the Administration and the citizens. Ombudsman Ángel Luna has been warning about this problem for a long time. Evidence of this is the ex officio complaint filed earlier this year by Generalitat to investigate actions it is taking to reduce the gap between the public, especially the most vulnerable people who have fewer resources to access new information. use of information technologies, internet and electronic communication devices. These reasons led the regional ombudsman to point out that the principle of accessibility to electronic services “must guarantee equality and non-discrimination in access to people”. According to Luna, the Administration has to facilitate connectivity and Internet access for citizens, along with their training in digital skills, which are factors it deems necessary to reduce the digital divide.