Constitutional aspects regarding the institution of the ombudsman

Author:Marta Claudia Cliza
Position:Lecturer, Ph.D., Faculty of Low, ?Nicolae Titulescu' University, Bucharest
Pages:163-168
Marta Claudia Cliza
163
LESIJ NR. XVIII, VOL. 2/2011
CONSTITUTIONAL ASPECTS REGARDING
THE INSTITUTION OF THE OMBUDSMAN
Marta Claudia CLIZA1
Abstract
The significant increase of the legislative power's tasks and implicitly of the public
administration, due to the more emphatic complexity of the economic and social life at the level of
world's states, determines that every moment citizens encounter different public authority and
administrative structures but with whom they do not always communicate so facile.2.
Keywords: Constitutional Court, ombudsman, Government, the Romanian constitutional
law, Parliament
Introduction
This particular institution is Swedish based, also known as „ombudsman3 and has occurred
for the first time in the year 1766. It has been created in Sweden through the Constitution from
1809 and has been working permanently ever since in this country, as an additional instrument for
controlling the executive by the Parliament.4.
Under the constitutional compared aspect, one can notice a few characteristics of this
institution.
The Ombudsman has a general authority, i.e. that of receiving all complaints from citizens
against the excess and abuses of the administration, of investigating and intervening in front of the
Government. In some cases it also has a special competent, namely that of controlling certain
services and even the army, as is the case of Germany. In some states, it may decide whether to
place a public servant under accusation or give a warning, especially in the constitutional systems
where it functions as a parliamentary prosecutor. Generally it cannot control the activity
performed by the Government's members.
Therefore, for instance in Denmark, the Ombudsman is chosen by the Folketing in order to
control the civil, military and municipal administration, being entitled to proceed in certain
investigations that may take place as a consequence of its initiative or an individual complaint.
In Finland, the Ombudsman is appointed by Eduskunta, with similar attributions as the
Danish one, having in addition the right to control that the courts of law are compliant with the
lawfulness.

Lecturer, Ph.D., Faculty of Low, „Nicolae Titulescu” Univ ersity, Bucharest (e-mail: cliza_claudia@yahoo.com).
2 Corneliu Manda, Ioan Popescu Slniceanu, Ovidiu Predescu, Cezar Corneliu Manda,- „Ombudsmanul-
instituYie fundamental a statului de drept”, (Lumina Lex Publishing house, Bucharest, 1997), p.12
3 Spread in other countries under various names: parliamentary commissioner (England), people's defender
(Spain), public mediator (France), parliamentary guarantor of human rights (Hungary), ombudsman (Romania), etc
4 Corneliu Manda, Ioan Popescu Slniceanu, Ovidiu Predescu, Cezar Corneliu Manda,- „Ombudsmanul-
instituYie fundamental a statului de drept”, (Lumina Lex publishing house, Bucharest, 1997), p.7

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