"Created by the Romanian Constitution adopted in the year 1991, as a novelty in the Romanian state – juridical life, the People’s Advocate Institution (Ombudsman), as an institution of Western – European inspiration was founded and started to function after the adoption and the implementation of its organic law, Law no. 35/1997.                           

 I have to underline the fact that, from the beginning, the institution had and still has a great friend, the Romanian Parliament. The Romanian parliamentarians, irrespective of their political affiliation have always upheld the institution. This support allowed the People’s Advocate to meet a permanent legal and constitutional consolidation, stated by the amendments of the law on its organization and functioning, and mostly, by the substantial completions of the constitutional provisions. These completions regarded not only the organization and functioning aspects, but also created new ways for the People’s Advocate in order to defend individuals’ rights and freedoms.

The experience gathered, but also the reference to the European Ombudsman exigencies implied some constitutional changes. In 2003, the Romanian Parliament, as constituent assembly, brought some improvements  such as: the People’s Advocate right to  notify the Constitutional Court on the unconstitutionality of laws before their promulgation; the People’s Advocate right to bring up directly in front of the Constitutional Court, the objection of unconstitutionality of laws and ordinances; the appointment of the People’s Advocate Deputies specialized on areas of activity; the appointment of People’s Advocate, by the Chamber of Deputies and the Senate in joint session, for a five years term. All theses measures have enforced the institution’s autonomy.

There are great improvements of the organic law, such as: it has been established the People’s Advocate obligation to issue points of view upon request of the Constitutional Court, regarding the trials involving human rights; People’s Advocate has the opportunity to organize territorial offices (14 territorial offices organized as number on the territorial criteria of  the Appeal Courts of Justice; there have been particularized the constitutional provisions regarding the People’s Advocate Deputies.

Like any other public institution, People’s Advocate needs well trained experts and counsellors. During the permanent activity of training and in the terms of a permanent fluctuation of personnel, a common situation for the budgetary institutions, important measures have been taken: seminaries specialized on activity fields; postgraduate courses in the juridical field; international short trainings (The Netherlands, United Kingdom, France) obtained as a result of the cooperation with international ombudsmen; trainings with the international participation of experts and representatives of the National Ombudsman of the Netherlands.

A very important aspect is the collaboration and the exchanges of experience with ombudsmen from various countries and with specialized associations. The institution is involved in the activity of different Ombudsmen structures (European Ombudsman Institute, International Ombudsman Institute, Association of Francophone Ombudsmen and Mediators), but also in other activities involving exchanges of experience with Ombudsmen from the Netherlands, France,  Spain, Czech Republic, Azerbaijan, Germany, Albania).

A special role played the visit of the European Ombudsman, Mr. Nikiforos Diamandouros, as well as those of international ombudsmen and parliamentarians who complimented the People’s Advocate Institution. All of these helped us to improve our activity.

Nevertheless the main role of institution is to defend the citizen’s rights and freedoms in his relations with the public administration and we concerned that the receiving and the examination of the petitions be performed in decent and efficient ways, that any individual in needs get support, an answer or at least an explication, from this institution. Besides our concern to solve the real and concrete problems, we have performed some actions in order to defend the rights of certain categories of population, when there were plenty individual complaints regarding the same field (pensions, health insurance, forced labour performed during 1950 – 1960, disabled children and young people rights, the observance of the rights of the war veterans, war widows and the windows of war veterans that did not remarried etc.). The openness of the institution in its relation with the individual, the transparency in its activity explains the increasing of the solicitations, year by year.

As an ombudsman type institution, the People’s Advocate tries to settle the disputes between individuals and the public administration, in an amicably way, by mediation or dialogue.

No doubt, such procedures specific to the ombudsman do not always yield the expected results, especially when the partners do not have the will to open a dialogue or do not have the necessary flexibility and, above all, when they are not keen to promote a fair constitutional conduct.

Even so, I have believed from the very beginning that the People’s Advocate must be and remain an institution of mediation, of dialogue. I do not share those proposals intending to consolidate the institution by empowering the People’s Advocate to impose sanctions (cancellation of acts, fines, removal from office) or to ask that legal proceedings be initiated against public servants who have infringed the law.

The beauty and efficiency of this institution cannot be founded on repressive and sanctioning powers. If it were so, the People’s Advocate would stop being an institution of mediation, of dialogue, its raison d’être would practically disappear. It should be remembered that in a constitutional democracy, founded on the classical principle of the separation and balance of powers (a principle which is laid down in Art. 1 of the Constitution), the People’s Advocate is and must remain the authority that helps strike a balance not only among public powers but also between them and the civil society.

I see in the institution of the People’s Advocate a powerful institution of the future, in a state making obvious efforts for democracy and human rights protection."

Prof. Ioan MURARU, Ph. D.

People’s Advocate