What complaints fall within the competence of the People’s Advocate Institution?
You may submit complaints regarding the administrative acts and deeds of public authorities and the autonomous state management bodies, which violate the rights and freedoms of individuals.
Are assimilated to administrative acts:
– the silence of the public administration bodies
– the delay in issuing documents
What complaints do not fall within the competence of the People’s Advocate Institution?
Complaints concerning the following acts cannot be subjected to the People’s Advocate Institution and shall be rejected without motivation:
– the acts issued by the Chamber of Deputies, the Senate or by the Parliament
– the acts and deeds of deputies and senators
– the acts and deeds of the President of Romania
– the acts and deeds of the Constitutional Court
– the acts and deeds of the President of the Legislative Council
– the acts and deeds of the judicial authorities
– the acts and deeds of the Government – except for laws and ordinances.
What should include a complaint addressed to the People’s Advocate Institution?
A complaint shall contain the following elements:
– the name and address of the complainant whose rights and freedoms have been violated
– the rights and freedoms violated
– the name of the administrative authority or the public servant involved
– the proof of the public administration’s delay or refusal to deal with the request according to the law.
When can I contact the People’s Advocate?
Complaints directed against violations of individuals’ rights and freedoms through acts or deeds of the public administrative authorities can be brought to the People’s Advocate Institution no later than one year since the violation took place or the person concerned learned about those facts.
How can I send a complaint to the People’s Advocate Institution?
Complaints must be done in writing.
Complaints may be sent by:
– fax
Or, complaints may be submitted personally or by delegate, to the headquarter registration office or to the territorial offices.
If the complaints sent by e-mail do not contain complainant’s identification data, these will be requested by e-mail also. If the requested identification data is not provided, the complaint will be considered anonymous.
If the complaint is submitted by delegate/proxy, you should mention his/her identification data.
For well-grounded reasons, the complainant may make a complaint orally at the premises of our institution, or through the dispatch service/by phone, which will be put in writing and registered by the person providing the hearing or the dispatcher, as appropriate.
Where do I send my complaint?
– complaints sent by post or brought personally can be submitted at: the headquarters of our institution or Territorial Offices.
– complaints sent by e-mail: petitii@avp.ro
– complaints sent by fax: + 4021 312 49 21
Do I have to pay a fee in order to address the People’s Advocate Institution?
Submitting a complaint to the People’s Advocate Institution is free of charge.
Complaints submitted to the People’s Advocate Institution are exempted from stamp tax.
Could the sentenced, arrested or detained persons, minors in the re-education centres address the People’s Advocate Institution, in any way, without any restriction?
The administration of penitentiaries, re-education centres for minors, of penitentiary hospitals as well as the Public Ministry and the police bodies must allow, with no restriction whatsoever, to anyone who serves imprisonment or is, as the case may be, under arrest or kept in detention, as well as to minors who are in re-education centres, to address to the People’s Advocate in any possible way concerning a violation of their rights and freedoms, except for legal restraints.
Could the persons performing military duties address the People’s Advocate Institution, in any way, without any restriction?
The same obligation rests with the commanding officers of military units with respect to persons who serve their military duties, regarding infringements upon their rights and freedoms, except for legal restraints.
How can I address the People’s Advocate Institution?
- in writing, by mail, e-mail, fax, or complaints may be submitted personally or by delegate, to the headquartersregistration officeor to the territorial offices
- through the dispatchservice / by phone
- directly, during the hearings program
Hearings are given by the specialized staff of the institution, at the institution headquarters and at the territorial offices.
Complainants can be received in audience by the Ombudsperson and her deputies, according to the Regulation on the organization and functioning of the Institution.
What happens if I send several complaints which refer to the same problem?
If a person addressed several complaints on the same problem, they will be joined and the complainant will receive one answer, making reference to all complaints received.
Repeated complaints on the same case which supply no further evidence will be archived without a response sent to the complainant.