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2008 Assessment

Romania: Integrity Indicators Scorecard

Romania: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	59
57	Can citizens access the reports of the ombudsman?	92

Indicator and sub-Indicator Details

Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

55: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: The Ombudsman Office ("the People's Lawyer"), set up through Law 35 / 1997

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Law 35 / 1997 provides for bi-partisan appointment and parliamentary control over the office of the Ombudsman.

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: In theory independent, the Office of the Ombudsman is not normally subject to political pressure, as it is widely perceived as a weak and inconsequential institution, almost invisible to the public.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: Resources may not be sufficient for effective functioning, but this does not seem to be the main obstacle against an increased relevance of the Ombudsman in public life. Its limited powers are determinant in this respect.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The Romanian ombudsman office does not have the legal mandate to impose penalties, and therefore its investigations do not carry much weight with the institutions controlled. Officials fear much more the exposure in the media. As a result of this vicious circle, the Ombudsman itself is not very active.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: It does not have the legal mandate to impose penalties.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman\'s reports are often ignored, or given superficial attention. Ombudsman's reports do not lead to policy changes.$

Comments: When institutions act on Ombudsman's findings, it is mostly in cases of petty administrative irregularities, where redress does not impose significant costs (financial or political).

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: Reports are available, but not systematically or in relevant format, and not ex officio. The most relevant information must be asked explicitly from the institution's offices.

References: Law 35 / 1997 Law 544 / 2001 (FOIA)

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: Reports do exist on the web site of the ombudsman, however their content is mostly statistical. The little concrete content that exists is also a reflection of the low visibility and relevance of this institution in Romania.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest