Do you know what is the Ombudsman of Romania and what are their prerogatives? Find out more, below!

Definition and history

      This institution is of Swedish origin and appeared in 1766, under the name Ombudsman. Due to the fact that the original term “Ombudsman” is difficult to translate into another language, this institution has a different name from one state to another. Thus, in Romania it is called the Ombudsman of Romania, in France, Defender of Rights, in England, Parliamentary Commissioner for Administration, in Spain, Defender of the People (Defensor del Pueblo), in Portugal, Protector of the People (Provedor de Justica).

The Ombudsman is a new institution that appeared in Romania and was first established by the Constitution of 1991. The Ombudsman is a national institution for the promotion and protection of human rights. Its main role is stipulated in art. 59 of the Constitution, the People’s Advocate exercises his powers ex officio or at the request of persons whose rights and freedoms have been violated, within the limits established by law.

Essential features of the Ombudsman institution in Romania

It is an institution independent of the other powers of the state, legislative, executive and judicial, and also of the political sphere. The institution collaborates, in turn, very closely with the other state institutions in the performance of its powers. They are obliged to provide the Ombudsman with the necessary support in the exercise of his powers. Thus, throughout his mandate, the Ombudsman of Romania has the right to request from public authorities the information, documents or acts that they hold and that are necessary to resolve the requests addressed to them. For public authorities, the communication and making available to the Ombudsman the acts and information requested by him is an obligation.

Responsibilities

His responsibilities are provided for in Law No. 35/1997 on the organization and functioning of the Ombudsman institution, respectively in art. 15 of Chapter IV. These responsibilities concern: both the protection of individuals and collaboration with other public institutions. Among the most important responsibilities, we mention:

–decides on petitions filed by individuals harmed by the violation of their rights or freedoms by public administration authorities and requests the authorities or public administration officials in question to cease the violation of the petitioner’s rights and to repair the damages

–coordinates the activity of preventing torture in places of detention and approves the visit reports drawn up within the framework of this activity

-formulates points of view, at the request of the Constitutional Court, may notify the Constitutional Court regarding the unconstitutionality of laws, before their promulgation, may notify the Constitutional Court directly with the constitutional challenge of a certain article

–represents the Ombudsman institution before the Romanian Parliament and other public authorities, as well as in relations with natural or legal entities.

​Who can address this authority

​            Any person, without discrimination, depending on citizenship, origin, sex, religion, language or political affiliation, who considers their legitimate rights and freedoms to have been violated by a public administration authority through an illegal act or fact thereof, may address this institution. Legal entities or minors or arrested persons also have this right. A request must be made in writing to this authority, which must include the personal data of the petitioner, data relating to the official or authority that harmed the petitioner, a description of the facts in question (the rights and freedoms violated), or may request an audience. All responses to the requests must be motivated.

In conclusion, the Ombudsman of Romania is a significantly important institution in terms of guaranteeing civil rights and freedoms, whose activity is essential in a state governed by law, which places the individual and social, human values ​​at its center, which must be respected.

Andrei Diana-Ioana

Legal Intern R&R Partners