Challenges of the Knowledge Society (May 2021)
INVOLVEMENT OF THE OMBUDSMAN INSTITUTION IN THE MECHANISM OF CONSTITUTIONAL JUSTICE
Abstract
The Romanian Constitution adopted in 1991 establishes, in a concise form, the fundamental principles regarding the organization and functioning of the People's Advocate / Ombudsman institution, specifying the role, the appointment procedure, the attributions of the People's Advocate and the ways of exercising them, the relationship with public authorities and Parliament. Also, the Constitution establishes that the Ombudsman is organized and operates on the basis of an organic law (art. 58 - art. 60). Thus, the Constitution reconfigured the constitutional order, creating new state structures, such as the Constitutional Court and the Ombudsman, called People's Advocate. A second stage in creating the institution is related to the adoption, by the Parliament, of the organic law regarding the organization and functioning of the People's Advocate institution - Law no. 35/1997. Since the adoption of the law, the People's Advocate is organized and operates in Romania exercising a general mandate to defend the rights and freedoms of individuals in their relations especially with public administration authorities, borrowing the experience of the classic Western European ombudsman. Year 2002 marks a new stage in the evolution of the People's Advocate institution, by adding to the existing competencies the possibility of involvement in the mechanism of constitutional justice. Thus, by Law no. 181/2002, the People's Advocate acquires the right to formulate points of view on the exceptions of unconstitutionality, at the request of the Constitutional Court. The revision of the Constitution in 2003 finalizes the process started in the previous year, by amending the organic law, the competences in the matter of constitutionality control being extended from the formulation of points of view, to the possibility to directly notify the Constitutional Court with the objection of unconstitutionality of laws, as well as with the exception of unconstitutionality of laws and ordinances.
