Constitutional Position of the People’s Advocate in Romania. Cover Image

Pozycja ustrojowa Adwokata Ludu w Rumunii.
Constitutional Position of the People’s Advocate in Romania.

Author(s): Viktoriya Serzhanova
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: the People’s Advocate in Romania; non-judicial protection of human rights and freedoms; origin of the Ombudsman; constitutional position;

Summary/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. The level of preserving individuals’ rights undoubtedly depends upon whether the state is able to create an effective 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 after the political system transformation in 1997 and was called the People’s Advocate (Avocatul Poporului). The paper aims at analyzing the constitutional position of the People’s Advocate in Romania. The 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.

  • Issue Year: 25/2015
  • Issue No: 2
  • Page Range: 313-324
  • Page Count: 12
  • Language: Polish