The Extrajudicial Mediation Conducted by the Romanian Administrative Independent Authorities  Cover Image

Medierea extrajudiciară realizată de autorităţile administrative independente din România
The Extrajudicial Mediation Conducted by the Romanian Administrative Independent Authorities

Author(s): Irina Marina Lazar
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: independent authorities; mediation; range of powers

Summary/Abstract: The administrative independent authorities were, since their creation into the central public administration, partly wired and controversial, partly efficient institutions, involved into the process of human rights protection in front of the public administration. Their general appearence is that they are institutions protected from the political influence and from the pressure of professional, social and economical actors from the sensitive fields of activity, which needs a special degree of protection for the rights and the liberties of the citizens. A short chronological inventory of these institutions both in the states with a long tradition and in the states at the begining in this field reveals that, almost everywhere, the creation and quickly after, the accelerate rhythm to proliferate of the independent administrative authorities, proves the state’s insufficiency to solve the new society’s exigencies. Obviously, the structures and the functioning of central administrations was, by all their deficiencies, a very fertile field for the implementation of these new means to protect the person in front of exhaustive power of administration. Theirs powers became more and more diversified, they were created in different fiels of activity and the legislator from every country seems not to have a limit regarding the fields and the competences of these authorities. Most of them have the power to make investigations in their activity field, they can be consulted by the state institutions, in order to formulate recommandetion or opinions, they can seize the state institutions abilitated to solve the irregularities observed into their activity field. Through these wide range of powers they become an alternative solution to madiation in front of the judge, less complicated, much cheaper and sometimes, more efficient. Our study’s aim is to establish if these „proteiforme structures„ really fulfill their mission of mediation, through some practical examples.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 299-319
  • Page Count: 21
  • Language: Romanian