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The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research

Transylvanian Review of Administrative Sciences

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Title The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research
 
Creator DRAGOŞ, Dacian; Associate Professor, Public Administration Department, Faculty of Political, Administrative and Communication Sciences, Babeş-Bolyai University, Cluj-Napoca, Romania
NEAMŢU, Bogdana; Lecturer, Public Administration Department, Faculty of Political,
Administrative and Communication Sciences, Babeş-Bolyai
University, Cluj-Napoca, Romania
BALICA, Dan; Researcher, Public Administration Department,
Faculty of Political, Administrative and Communication Sciences, Babeş-Bolyai University, Cluj-Napoca, Romania
 
Subject —
 
Description The article focuses on the institution of the Ombudsman and its relations with other institutions/ powers of the state. The least explored interaction, at least in the Romanian literature, is the interaction between the Ombudsman and the courts (both the Constitutional Court and the ordinary ones), in the context of the need for Ombudsman institutions to develop the so called ‘Ombudsnorms’ of good administration. There are no empirical studies trying to explore this interaction and how it actually works in practice. The first part of the article offers an analysis of the existing literature on the interaction between the Ombudsman institution and the courts in various legal systems. The second part of the article consists of an exploratory empirical research of the interaction between the Romanian Ombudsman and the courts. The methodology of the research is qualitative – analysis of the Ombudsman’s annual reports and structured interviews with judges and the representative of the Romanian Ombudsman institution. The main conclusion of the study is that until now the interaction is rather limited and that there seems to be no ‘desire’ on behalf of both the courts and the Ombudsman to explore the possibilities for more cooperation/interaction, the main reason given being the independence of justice.
 
Publisher Babes Bolyai University
 
Contributor —
 
Date 2010-10-01
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://rtsa.ro/tras/index.php/tras/article/view/180
 
Source Transylvanian Review of Administrative Sciences; 2010: Issue No. 31 E/October; 58-75
1842-2845
 
Language eng
 
Relation http://rtsa.ro/tras/index.php/tras/article/view/180/176
 
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