UNE GREFFE INSTITUTIONNELLE REUSITE: L’OMBUDSMAN ROUMAIN

Mircea Criste

FIAT IUSTITIA, 2016, vol. 10, issue 2, 42-55

Abstract: After a painful experience, that lasted more than 50 years under the communist regime, Romania rejoined, in December 1989, the family of democratic countries to which it used to belong before World War II. However, in the late 20th century, democracy is no longer the same as the one dating back to the first half of the last century: it is nowadays focused on the effective promotion and safeguard of human rights against possible abusive actions originating from the legislature or the executive. Hence, the reintroduction and reception of certain constitutional institutions or mechanisms have been achieved in Romania under the sign of this new reality from the end of the second millennium, overlapped with the communist experience, when no proper protection of the fundamental rights existed. An effective promotion and safeguard of human rights against abusive actions originating from the legislature or the executive can be achieved also through the implementation of the Ombudsman institution, a pillar which are essential in asserting the rule of law, and which have experienced a remarkable evolution since the fall of communism. The Romanian Ombudsman is not a jurisdictional institution, but an autonomous public authority, independent of any other public authority, which actions are based on conciliation.

Keywords: Ombudsman; human rights protection; rule of law; separation of powers (search for similar items in EconPapers)
JEL-codes: K39 K4 (search for similar items in EconPapers)
Date: 2016
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://fiatiustitia.ro/ojs/index.php/fi/article/view/259/242 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:10:y:2016:i:2:p:42-55

Access Statistics for this article

More articles in FIAT IUSTITIA from Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania
Bibliographic data for series maintained by Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania ().