Avocatul Poporului
Summary
The Avocatul Poporului (People's Advocate) is Romania's national ombudsman institution, established under Arts. 58-60 of the Romanian Constitution (1991, revised 2003) and governed by Law No. 35/1997. The People's Advocate is appointed in a joint sitting of both chambers of Parliament for a five-year term, renewable once. The Advocate must be a person known for their legal knowledge and exemplary probity; they may not hold any other public or private function during their term (except as a university lecturer). Recall before the end of the term is possible by Parliament on specified grounds; such a recall occurred in 2021 against the then-incumbent by joint parliamentary decision. The institution investigates complaints about rights violations by public authorities, may refer matters to the Constitutional Court, and submits annual reports to Parliament. The People's Advocate has full access to documents of public authorities under investigation.
Independence Scorecard
| Appointment | Legislative appointment |
|---|---|
| Term length | 5 years |
| Removal standard | For cause only |
| Budget independence | Legislative line item |
| Subpoena power | No |
| Compel testimony | No |
| Records access | Full access |
| Public reports required | Yes |
| Pre-publication review | None — reports published directly |
Statute
- Name
- Legea nr. 35/1997 privind organizarea și funcționarea instituției Avocatul Poporului; art. 58-60 din Constituția României
- Citation
- Law No. 35/1997 on the organization and functioning of the People's Advocate Institution (as amended); Constitution of Romania, Arts. 58-60
Jurisdiction scope
Defense of fundamental rights and freedoms of individuals in their relations with public authorities; investigates complaints of maladministration and rights violations by central and local government bodies.