The Applying of Law and the Control Exercised over the Public Administration by the People's Advocate Cover Image

The Applying of Law and the Control Exercised over the Public Administration by the People's Advocate
The Applying of Law and the Control Exercised over the Public Administration by the People's Advocate

Author(s): Alexandra Oanţă (Nacu)
Subject(s): Constitutional Law, Public Administration
Published by: Editura Universitaria Craiova
Keywords: fundamental rights; administrative authority; People's Advocate; complaint/intimation; Constitutional Court;

Summary/Abstract: Along with the administrative procedure of hierarchically made appeal and the disputed claims procedure before the courts, the People's Advocate constitutes one of the juridical guarantees for the protection of the human rights in the Romanian law, and also a means for controlling the activity of the public administration. The area in which the People's Advocate Institution activates is rather extended, related to all the petitions against the infringement of physical persons’ rights and freedoms, through documents or actions of the public administration, including the authorities of the special and local central public administration, the public institutions, and any other public services that are under the authority of the public administration authorities, and the autonomous departments. For an exhaustive depiction of the role played by the People's Advocate, when applying the law, there are important their attribution and the way in which they are exercised, according to the provisions of the Law no. 35/1997 on the organisation and functioning of the People's Advocate institution, the range of competence, the documents that they can elaborate and the character of these documents, along with the finality of their actions, in case they notice that the lodged complaint was well-grounded.

  • Issue Year: 2016
  • Issue No: 49
  • Page Range: 56-65
  • Page Count: 10
  • Language: English