Ombudsman institution (which is one of the ways of nonjudicial audit) and its relationship with Administrative judiciary

Ombudsman institution which comes firstly in front of us in the 18th century and finds application area in many countries in various ways until nowadays, is a structure which has been formed upon to protect the citizens? interests whose rights were harmed, against the State which has all the opportunities, and a complicating structure in increase especially beginning with the second half of the 20th century. Nowadays, because of being auditor systems are insufficient, the ways of claims citizens rights are under legal disability, and, auditing in the eye of judicial bodies are slow, expensive and depend on a shape, have caused ombudsman institution to spread like wildfire, by the perception which gives importance for individual rights after the Second World War, starts to locate all around the world. Each country which applies the institution, have put into practice by making differences in other ways according to theirselves except indispensible properties of ombudsman institution according to self geographic, economic, cultural, political and social structure.By putting the ombudsman institution into practice, it has been taken positive results from the point of the needs of citizens and the needs of States, therefore, it has been taken steps for enlargement its assigned position gradually. If the ombudsman, by getting into the act upon complaints which were made by citizens or by himself/herself, comes to a conclusion that operations or operations, which were realized by institutions or organizations that are found under assigned position, are incompatible with law, legislation or equity, he/she tries to solve the incompatibility by peaceful means. Although, none of views and beliefs that he/she has made public is not obligatory, his/her efficiency in front of public opinion , and, reports that he/she has offered to parliament annually, have become his/her biggest power. In the countries that it has put into practice, administrations are in compliance tendency substantially to the given decisions by ombudsman. Especially, from the point of judicial bodies, ombudsman institution, has a tremendously importance. In the countries where the judicial load is heavy, significantly decreases are seen in the work load of judicial by formation of this institution. When it has been looked to this event from the point of our country, the need to this institution has become necessity against we have a separate administrative judicial system which has been oppressed under the heavy work load. At first, it has made a stride towards establishing ombudsman institution by the government auditorship law, numbered 5548, in Turkey, but because of this law was invalidated by Constitutional Court , this institution could not found a field of application in our country, because the law, which relates to implementation, has not been made, despite the fact that Government Auditorship has been organized at the constitutional level, with the referendum that relates to constitution amendment which has been made in the year 2010.