Competences of the People’s Advocate

 

The People’s Advocate Institution is an autonomous public authority, independent of any public authority and has as purpose the defense of individuals’ rights and freedoms in their relationship with the public authorities. 

 

The main duties of the People’s Advocate:

 

1. the settlement of petitions/complaints;

2. activity regarding constitutional contentious:

a. formulates points of view at the request of the constitutional Court;

b. may notify the Constitutional Court on the unconstitutionality of laws, before their promulgation;

c. brings directly in front of the Constitutional Court the exception of unconstitutionality of laws and ordinances;

3. activity regarding the administrative contentious: may notify the court of administrative contentious under the administrative contentious Law;

4. promoting the appeal in the interest of the law in front of the High Court of Cassation and Justice, regarding legal issues that were solved differently by the courts, by irrevocable court decisions;

5. presents reports to the two Chambers of the Parliament, annually or upon request; reports may contain recommendations for amending the legislation or other measures to protect the rights and freedoms of the citizens;

6. presents reports to the presidents of the two Chambers of the Parliament, or as the case may be, to the Prime Minister if during his inquiries he finds gaps in legislation or serious cases of corruption or violations of the country’s laws;

 7.  The People’s Advocate may be consulted y the initiators of the laws and ordinances, which, by their provisions concern the citizens’ rights and freedoms, provided by the Constitution of Romania, by the pacts and the other international treaties regarding fundamental human rights, which Romania is party to.

 

The People’s Advocate Institution exercises his duties:

- ex officio

- at request:

a. natural persons/individual – irrespective of his/her citizenship, age, sex, political affiliation or religious belief

b. companies

c. associations

 

d. other legal entities 

Territorial Offices