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
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.
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