The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research
<p>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 ordinar...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Babes-Bolyai University, Cluj-Napoca
2010-10-01
|
| Series: | Transylvanian Review of Administrative Sciences |
| Online Access: | https://rtsa.ro/tras/index.php/tras/article/view/180 |
| _version_ | 1797262699515609088 |
|---|---|
| author | Dacian DRAGOŞ Bogdana NEAMŢU Dan BALICA |
| author_facet | Dacian DRAGOŞ Bogdana NEAMŢU Dan BALICA |
| author_sort | Dacian DRAGOŞ |
| collection | DOAJ |
| description | <p>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.</p> |
| first_indexed | 2024-03-11T11:48:41Z |
| format | Article |
| id | doaj.art-3cf0917703d844a6a294f961bab8e795 |
| institution | Directory Open Access Journal |
| issn | 1842-2845 |
| language | English |
| last_indexed | 2024-04-25T00:01:16Z |
| publishDate | 2010-10-01 |
| publisher | Babes-Bolyai University, Cluj-Napoca |
| record_format | Article |
| series | Transylvanian Review of Administrative Sciences |
| spelling | doaj.art-3cf0917703d844a6a294f961bab8e7952024-03-14T07:28:34ZengBabes-Bolyai University, Cluj-NapocaTransylvanian Review of Administrative Sciences1842-28452010-10-016315875196The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory ResearchDacian DRAGOŞ0Bogdana NEAMŢU1Dan BALICA2Associate Professor, Public Administration Department, Faculty of Political, Administrative and Communication Sciences, Babeş-Bolyai University, Cluj-Napoca, RomaniaLecturer, Public Administration Department, Faculty of Political, Administrative and Communication Sciences, Babeş-Bolyai University, Cluj-Napoca, RomaniaResearcher, Public Administration Department, Faculty of Political, Administrative and Communication Sciences, Babeş-Bolyai University, Cluj-Napoca, Romania<p>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.</p>https://rtsa.ro/tras/index.php/tras/article/view/180 |
| spellingShingle | Dacian DRAGOŞ Bogdana NEAMŢU Dan BALICA The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research Transylvanian Review of Administrative Sciences |
| title | The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research |
| title_full | The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research |
| title_fullStr | The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research |
| title_full_unstemmed | The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research |
| title_short | The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research |
| title_sort | romanian ombudsman and it s interraction with the courts an exploratory research |
| url | https://rtsa.ro/tras/index.php/tras/article/view/180 |
| work_keys_str_mv | AT daciandragos theromanianombudsmananditsinterractionwiththecourtsanexploratoryresearch AT bogdananeamtu theromanianombudsmananditsinterractionwiththecourtsanexploratoryresearch AT danbalica theromanianombudsmananditsinterractionwiththecourtsanexploratoryresearch AT daciandragos romanianombudsmananditsinterractionwiththecourtsanexploratoryresearch AT bogdananeamtu romanianombudsmananditsinterractionwiththecourtsanexploratoryresearch AT danbalica romanianombudsmananditsinterractionwiththecourtsanexploratoryresearch |