Duties of the People’s Advocate

 

The People’s Advocate Institution is a public authority, autonomous and independent from any other public authority, whose purpose to defend the rights and freedoms of individuals in their relations with public authorities.

 

The main duties of the People’s Advocate are:

  1. the activity of solving the petitions;
  2. the activity regarding the constitutional litigation:
  3. formulates points of view, at the request of the Constitutional Court;
  4. may notify the Constitutional Court regarding the unconstitutionality of the laws, before their promulgation;
  5. may directly refer to the Constitutional Court the exception of unconstitutionality of laws and ordinances;
  6. the activity regarding the administrative litigation: it can notify the administrative litigation court, under the conditions of the administrative contentious law;
  7. may lodge the appeal in the interest of the law before the High Court of Cassation and Justice, regarding legal issues that were solved differently by the courts, by irrevocable court decisions;
  8. submits reports to the two Houses of Parliament, annually or at their request; the reports may contain recommendations on amendments to legislation or other measures to protect the rights and freedoms of citizens;
  9. Presents reports to the Presidents of the two Houses of Parliament or, as the case may be, to the Prime Minister, in cases where it finds, during the investigations undertaken, gaps in legislation or serious cases of corruption or non-compliance with the laws of the country;
  10. The People’s Advocate can be consulted by the initiators of draft laws and ordinances whose provisions concern the rights and freedoms of citizens, provided by the Romanian Constitution, international pacts and other treaties on fundamental human rights, to which Romania is a party.

The People’s Advocate Institution exercises its duties:

  • ex officio (on its own initiative)
  • at the request of:
  1. natural persons – regardless of citizenship, age, sex, political affiliation or religious beliefs
  2. companies
  3. associations
  4. other legal entities
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