Promotion and protection of human rights by means of the “Ombudsman” institution Cover Image

Promovarea și protecția drepturilor omului prin instituții tip „Ombudsman″
Promotion and protection of human rights by means of the “Ombudsman” institution

Author(s): Claudia Elena Marinică
Subject(s): Public Administration, Public Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: Ombudsman institution; public administration; public authorities;

Summary/Abstract: Protection of human rights, promotion and respect thereof represent, in a democratic country, a fundamental feature resulting from the very essence of democracy. It involves better information and knowledge of the complex human rights issues, including the creation of effective institutions for their protection and promotion. In this context, a guaranty for the citizens’ protection against the arbitrary of the administration is the institution called “Ombudsman”, by means of which a specific procedure of mediation between the citizen and a public administration authority is achieved. Such an institution thus represents a form of independent control, deprived of any political connotation, exercised upon the public authorities, or administrative operations. The creation of the European Union entailed the creation of the European Ombudsman institution alongside each country’s regulations related to the national ombudsman. One of the fundamental principles with the European Ombudsman is the principle of the right to good administration or good governance. In Romania, the Advocate of the People institution, created under the Constitution of 1991, was established and started to function after adoption of its organic law, Law No. 35/1997. In time, the Advocate of the People took advantage of the tradition and experience of the classical western European Ombudsman and succeeded in imposing itself as a distinct entity within the system of constitutional democracy.

  • Issue Year: 2009
  • Issue No: 1
  • Page Range: 63-80
  • Page Count: 18
  • Language: Romanian
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