Competences of the People’s Advocate in Romania
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Wydział Prawa i Administracji Uniwersytetu Rzeszowskiego
Publication date: 2015-09-30
JoMS 2015;26(3):179-192
KEYWORDS
ABSTRACT
Th e paper’s objective is to analyze the tasks and the detailed scope of
competences of the Romanian Ombudsman called the People’s Advocate,
who was created to protect rights and freedoms of the Romanian citizens
and persons residing on the territory of Romania. Th is task is exercised by
the Ombudsman with the help of certain legal instruments which he has
been equipped with and which enable him to examine if the violation of
rights has been committed by widely comprehended public administration
authorities. In case such violation has occurred the People’s Advocate
is entitled to conduct a proceedings aiming at redressing the wrong
and materialize exercising the rights guaranteed to an individual by the
Constitution, laws and international legal acts. Th e analysis of the People’s
Advocate’s competences is also made from the perspective of the object
and subject of his activity. Th is complex approach allows to precisely
determine not only his rights but also his duties in the fi eld of the protection
of human rights exercised by him, as well as to estimate the level
of their observance. It also enables to state if the model of Ombudsman
introduced in Romania, which is a rather new institution, not known in
its political system before, will become an eff ective one within the exercised
by him tasks and if it will take root in the contemporary government
and politics of the state.