THE ROMANIAN OMBUDSMAN - PUBLIC INSTITUTION INVOLVED IN THE PROTECTION HUMAN RIGHTS AND THE OBSERVANCE OF THE SEPARATION AND BALANCE BETWEEN THE STATE POWERS

• Main Author: Simina POPESCU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2016-06-01
• Series: Challenges of the Knowledge Society
• Subjects: Ombudsman; Constitutional Court; fundamental rights; constitutional review; balance of powers
• Online Access: http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=03_public_law%2F&download=CKS+2016_public_law_art.067.pdf

Defender of the rights and freedoms of individuals in their relations with public authorities and guarantor of respect for the principle of separation and balance of state powers within the constitutional democracy, the Romanian Ombudsman has the legal means in order to fulfill its constitutional and legal role. The involvement of this public institution in the constitutional review, enshrined constitutionally in 2003, when the revision of the Constitution of Romania took place, is expressed by its power to notify the Constitutional Court on the unconstitutionality of laws adopted by Parliament before their promulgation by the President and to bring directly in front of the Constitutional Court the claims of unconstitutionality. Moreover, the Ombudsman shall formulate, at the request of the Constitutional Court, points of view regarding the exceptions of unconstitutionality, competence established by the law for its organization and functioning. In this context, this paper proposes a punctual analysis of how the Ombudsman exercises these powers, by highlighting the recent aspects in its activity. Bringing in front of the Constitutional Court the exceptions of unconstitutionality it is the area in which the Ombudsman was mostly and efficiently involved for the protection of fundamental rights and freedoms such as the right to defence, the right to a fair trial, right to private property, right to labour and social protection of labour or the right to decent living standard.