How will my complaint be resolved?
Complaints registered to the People’s Advocate Institution can be resolved in several ways:
I. If the information/documents provided are insufficient or inconclusive, additional data will be required, in order to analyze and resolve the complaint, either from the complainant or the public administration authority, as applicable.
II. To clarify the situation, the People’s Advocate has the right to conduct his own inquiries:
– it may request from the public administration authorities any information or documents necessary to the inquiry.
– it 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 complaint.
III. Complaints which are patently unsubstantiated will be rejected on a reasoned basis.
IV. When the People’s Advocate finds, following the lodged complaints, that the aggrieved person’s complaint is well founded, the complaint may follow several stages:
- The People’s Advocate Institution will address in writing the public administration authority that violated the rights of the complainant and will ask it to reform or revoke the administrative act and to repair the damages, as well as to restore the aggrieved person in the previous situation.
- The public authorities in question will immediately take the necessary measures to address the illegalities found, repair the damages and remove the causes that generated or favoured the violation of the rights of the petitioner and will inform the People’s Advocate – in this case, the petition is resolved favourably.
- If it is found a serious violation of the complaint’s rights or the illegality of an administrative act, the People’s Advocate issues a recommendation addressed to the public administration authority which violated the respective rights or issued the illegal act. The silence of the public administration bodies and the late issuance of the documents are assimilated to the administrative acts.
- If the public administration authority or the civil servant does not remove, within 30 days from the date of notification, the illegalities committed, the People’s Advocate institution addresses the hierarchically superior public administration authorities, which are obliged to communicate, within 45 days, the measures taken. If the public authority or the civil servant belongs to the local public administration, the People’s Advocate institution addresses the prefect. A new term of 45 days shall run from the date of submitting the notification to the county prefect.
- The People’s Advocate is entitled to notify the Government regarding any illegal administrative act or deed of the central public administration and the prefects.
- The non-adoption by the Government, within maximum 20 days, of the measures regarding the illegality of the administrative acts or deeds reported by the People’s Advocate, shall be communicated to the Parliament.
- The People’s Advocate will inform the person who addressed the complaint of the steps taken and how it was resolved.
What are the means of intervention of the People’s Advocate Institution?
- Notify in writing the public administration authority concerned
- Inquiries
- Recommendations. Through its recommendations, the People’s Advocate notifies the public administration authorities about the illegality of their administrative acts or deeds.
- In case the People’s Advocate finds that the resolution of the complaint received falls under the jurisdiction of the judicial authority, it 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 taken.
- If, during the course of its inquires, the People’s Advocate finds gaps in legislation or serious cases of corruption or violations of the country’s laws, it will submit a report on its findings to the presidents of the two Chambers of the Parliament or, as the case may be, to the Prime Minister.
- 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 Ombudsperson, of her deputies and the staff working under their authority has public nature.
At the request of persons whose rights and freedoms have been infringed, or for motivated reasons, the Ombudsperson may decide upon the confidential character of her activity.
Has the People’s Advocate Institution access to the classified information held by the public authorities?
The Ombudsperson has access, under the terms of the law, to any classified information held by the public authorities, as far as she considers it necessary in order to solve complaints received. The Ombudsperson has the obligation not to disclose or make public any of the secret information or documents she had access to. This obligation stands even after the Ombudsperson has ceased her activity, and it extends to her deputies as well as to the staff, subject to criminal liability.