Constitutional Position of the People’s Advocate
in Romania
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Wydział Prawa i Administracji Uniwersytetu Rzeszowskiego,
Rzeszów
Publication date: 2015-06-30
JoMS 2015;25(2):313-324
KEYWORDS
ABSTRACT
One of the most important tasks of a contemporary democratic state,
being at the same time a challenge for it, is guaranteeing its citizens fundamental
rights and freedoms and enabling them their realization. Th e
level of preserving individuals’ rights undoubtedly depends upon whether
the state is able to create an eff ective system of their protection. In the
modern world, along with judicial protection of rights and freedoms,
there has been commonly introduced a so-called Nordic model of their
non-judicial preserving exercised by the institution of an Ombudsman.
Usually, Ombudsmen are independent supreme state authorities which
have constitutional basis. As a rule, they act on the central level and are
connected with the Parliaments. In Romania such an institution was created
aft er the political system transformation in 1997 and was called the
People’s Advocate (Avocatul Poporului). Th e paper aims at analyzing the
constitutional position of the People’s Advocate in Romania. Th e work
particularly focuses on the origin of the Romanian Ombudsman, legal
grounds of his organization and functioning which determine the present-day
shape of the institution, as well as its place in the system of state
authorities.