The Ombudsman and the Judiciary: Participation in Court Processes PART I The locus standi of the ombudsperson before the courts should be carefully examined. Without interfering with the activities of the judicial bodies, the ombudsperson protects the rights, interests and specific circumstances of individuals in relation to the actions and conduct of public authorities. It is important to understand the respective roles and responsibilities of the national institution and the judiciary. This would include a respect for the separation of powers and a clear demarcation of roles and responsibilities of these institutions. The ombudsperson institution may have the power to initiate or pursue legal action in the courts on behalf of the individual, including - intervention/taking over individual claims - initiation of class action lawsuits - providing legal aid - providing expert opinions - submission of amicus curiae briefs. There is considerable variation between different specialized bodies as to what they are allowed to do when dealing with individual complaints. Some specialized bodies remain closer to the classical ombudsman model in that they only have the power to make recommendations, and their recommendations have no binding force. At this end of the spectrum, the specialized institutions remain completely independent of the courts; they provide an alternative legal remedy, a soft one, alongside the judicial remedies. The Hungarian Minority Commissioner, for example, falls under this category, however there are strong arguments favouring the extension of its powers. Another possibility is that minority ombudspersons have the power to bring cases before the courts, or at least to participate in preparing for important discrimination cases. Their opinion on the case may then be considered as expert opinion, and taken as evidence in the proceedings. The majority of specialized bodies fall under this category, for example, the Swedish Ombudsman against Ethnic Discrimination, the United Kingdom Commission for Racial Equality and the Equal Treatment Commission in the Netherlands. This does not mean however that the minority ombudsperson will bring all cases before the courts. Usually only those cases are considered for support and legal aid in court procedures, which bring up some matter of principle, and whose appropriate presentation and success will result in the development of the legal approach towards racial or ethnic discrimination. Sometimes powers of adjudication can also be conferred to the minority ombudsman-type institution, however these decisions can always be appealed before higher courts. Choosing one model over the other depends on the legal context of the given country and the preferences of the legislature. What follows necessarily from the objectives and advantages of this type of institution, however, is its power to provide its expertise not only in providing alternative, extrajudicial solutions for cases of racial discrimination and other violations of minority rights, but also in preparing and bringing cases successfully before courts. This is important not only from the point of view of the particular cases at issue, but also from the point of view of the advancement of judicial practice, and the education and further development of sensitivity of the judiciary on these matters. 22