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How will the petition be solved?
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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.
Do you want to file a petition?
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Who may petition the People’s Advocate Institution?
What petitions are within the competence of the People’s Advocate Institution?
What petitions do not fall within the competence of the People’s Advocate Institution?
What should include a petition addressed to the People’s Advocate Institution?
When can I contact the People’s Advocate?
How can I send a petition to the People’s Advocate Institution?
Where do I send my petition?
Do I have to pay a fee in order to address the People’s Advocate Institution?
Could the sentenced, arrested or detained persons, minors in the re-education centers address the People’s Advocate Institution, in any way, without any restriction?
Could the persons performing military duties address the People’s Advocate Institution, in any way, without any restriction?
How can I address the People’s Advocate Institution?
What happens if I send several petitions which refer to the same problem?
Who may petition the People’s Advocate Institution?
- any individual irrespective of his/her citizenship, age, sex, political affiliation or religious belief
- companies
- associations
- other legal entities
What petitions are within the competence of the People’s Advocate Institution?
Are the subject of petitioning the public authorities’ administrative acts and facts and the public corporations (autonomous stage management) acts 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 petitions do not fall within the competence of the People’s Advocate Institution?
Petitions 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 facts of deputies and senators
- the acts and facts of the President of Romania
- the acts and facts of the Constitutional Court
- the acts and facts of the President of the Legislative Council
- the acts and facts of the judicial authorities
- the acts and facts of the Government – except laws and ordinances.
What should include a petition addressed to the People’s Advocate Institution?
Petition shall contain the following elements:
- the name and address of the aggrieved individual in his/her rights and freedoms
- 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 petition according to the law.
When can I contact the People’s Advocate?
Petitions directed against violations of individuals’ rights and freedoms through acts or facts of the public administrative authorities shall be brought to the People’s Advocate Institution no latter than one year since the violation took place or the person concerned learned about those facts.
How can I send a petition to the People’s Advocate Institution?
Petitions must be done in writing.
Petitions may be sent by:
- fax
Or, petitions may be submitted personally or by delegate, to the headquarter registration office or to the territorial offices.
If the petitions sent by e-mail do not contain petitioner’s identification data, these will be requested by e-mail also. If the requested identification data is not provided, the petition will be considered anonymous.
If the petition is submitted by mandatory, you should mention his/her identification data.
For well-grounded reasons, the petitioner may introduce his petition orally or through the dispatch service, which will be recorded by the person providing the audience or the dispatch service, as appropriate.
Where do I send my petition?
- petitions sent by post or personally submitted at: headquarter of the institution or Territorial Offices.
- petitions sent by e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
- petitions sent by fax: + 4021 312 49 21
Do I have to pay a fee in order to address the People’s Advocate Institution?
Petitions 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 his 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?
1. in writing, by mail, e-mail, fax, or petitions may be submitted personally or by delegate, to the headquarter registration office or to the territorial offices
2. through the dispatch service
3. directly, with the occasion of the audiences program
Audiences are given by the specialized staff of the institution, at the institution headquarter and at the territorial offices.
Petitioners can be received in audience by the People’s Advocate and his deputies, according to the Regulation on the organization and functioning of the Institution.
What happens if I send several petitions which refer to the same problem?
If a person addressed several petitions, appreciating the same problem, they will be joined and the petitioner will receive one answer, making reference to all petitions received.
Renewed petitions on the same case which supply no further evidence will be archived without a response sent tothe petitioner.
Competences of the People’s Advocate
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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
The team of the People’s Advocate
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The team of the People’s Advocate
People’s Advocate (Ombudsperson)
Cabinet of the People’s Advocate
Deputies of the People’s Advocate (each deputy is the head of one of the Departments of the institution, specialized in the following fields of activity):
1) Human rights, equality of chances between men and women, religious cults and national minorities;
2) The rights of the family, youth, pensioners, persons with disabilities;
3) The defense, protection and promotion of the rights of the child;
4) Army, justice, police and prisons;
5) Property, labor, social protection, taxes and fees.
6) The prevention of torture and other cruel, inhuman or degrading treatment or punishment in places of detention, through the National Preventive Mechanism.
Within the People’s Advocate Institution, in addition to the departments specialized on different fields of activity, are organized the following:
1) The Service for Constitutional litigation, appeal in the interest of the law, administrative and legal litigation, analysis of normative legal acts, external relations and communication
2) Financial, Payroll, Human Resources Bureau and Administrative Bureau, coordinated by the Coordinating Director
3) Audit
Territorial Offices
1. Territorial Office Alba-Iulia
2. Territorial Office Bacău
3. Territorial Office Braşov
4. Territorial Office Constanţa
5. Territorial Office Cluj-Napoca
6. Territorial Office Craiova
7. Territorial Office Galaţi
8. Territorial Office Iaşi
9. Territorial Office Suceava
10. Territorial Office Târgu-Mureş
11. Territorial Office Oradea
12. Territorial Office Piteşti
13. Territorial Office Ploieşti
14. Territorial Office Timişoara
