How will my petition be solved?

Which are the means of intervention of the People’s Advocate Institution?

Is the activity of the People’s Advocate public or confidential?

Has the People’s Advocate Institution access to the classified information held by the public authorities?

 

 

How will my petition be solved? 

Petition registered to the People’s Advocate Institution can go several ways:

I. If the information/documents provided are insufficient or inconclusive, additional data will be required to analyze and solve the petitions, either to the petitioner or the public administration authority, as applicable.

II. To clarify the situation, the People’s Advocate has the right to conduct his own inquiries:

- he may request from the public administration authorities any information or documents necessary to the inquiry.

- he may hear and take depositions form the chief-officials of the public administration authorities or from any civil servant who may provide useful information for the resolution of the petition.

III. Petitions which are patently unsubstantiated will be rejected on a motivated basis.  

IV. When the People’s Advocate finds, following the lodged petitions, that the aggrieved person’s petitions is founded, petition may follow several stages, according to the Law on the organization and functioning of the People’s Advocate Institution and the Regulation on the organization and functioning of the Institution.

The People’s Advocate shall inform about the way the petition lodged with him has been solved. The People’s Advocate may also make public these results through the media, with the consent of concerned person or persons and observing the legal provisions regarding the secret information and documents.

 

 

Which are the means of intervention of the People’s Advocate Institution? 

1. Notify in writing the public administration authority

2. Inquiries

3. Recommendations. Through his recommendations, the People’s Advocate notifies the public administration authorities about the illegality of administrative acts or facts.

4. In case the People’s Advocate finds that the resolution of the petition lodged with him is under judicial authority jurisdiction, he may notify, as the case may be, the Minister of Justice, the Superior Council of Magistracy, the Public Ministry or the president of the court of law, who shall inform him on the measures that have been taken.  

5. If, during the course of his inquires, the People’s Advocate finds gaps in legislation or serious cases of corruption or violations of the country’s laws, he will submit a report on his findings to the presidents of the two Chambers of the Parliament or, as the case may be, to the Prime Minister.

6. The annual reports of the People’s Advocate may contain recommendations regarding the amendment of legislation or measures of other nature for the protection of the citizens’ rights and freedoms.  

 

 

Is the activity of the People’s Advocate public or confidential? 

The activity of the People’s Advocate, of his deputies and the staff working under their authority has public nature.

At the request of persons whose rights and freedoms have been infringed, or on due to motivated reasons, the People’s Advocate may decide upon the confidential character of his activity.

 

 

Has the People’s Advocate Institution access to the classified information held by the public authorities?


The People’s Advocate has access, under the terms of the law, to any classified information held by the public authorities, as far as he considers it necessary in order to solve petitions lodged with him. The People’s Advocate has the obligation not to disclose or make public any of the secret information or documents he had access to. This obligation stands even after the People’s Advocate has ceased his activity, and it extends to his deputies as well as to the staff, subject to criminal liability.

Territorial Offices