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Institutia Avocatul Poporului

ROMANIA

ANNUAL REPORT 2001

Synthesis

The annual report of People's Advocate is structured on two big chapters: Part one - The general presentation of activity and Part two - Annexes.

Part I includes: A. General volume of activity; B. Domains of activity: C. Work conditions in the frame of People's Advocate Institution; D. The conduct of the authorities and public institutions regarding People's Advocate requests; E. Suggestions for changing, completing or abrogating legal provisions; F. Measures to be taken on 2002, for improvement of People's Advocate Institution activity.

In the Second Part, entitled Annexes, are detailed chapters from the first part and there are presented statistics referring to the petitions and to the authorities which answered in delay or did not answer at all at the People's Advocate demands. Also in this part are included the proposals of the Law modification, completion, or abrogation.
Compared to the last years, the present report was conceived as a synthetic and objective presentation of the problems arisen in the People's Advocate activity and of the proposed solutions in order to achieve both a better management of the institution, and the observance of the citizens rights by the executive institutions of the central and local public administration.

Part I, "The general presentation of activity", starts with the Chapter A. which describes the general volume of activity performed during year 2001.

Thus, in the year 2001, the citizens submitted to the People's Advocate a number of 7412 petitions, which represents an increase of 63% compared with the year 2000. In addition to this number 961 petitions registered before 2001, were solved partially in the year 2001.

From the total number of the petitions, the core is represented by the petitions related to the ownership right (17%), followed by the petitions related to the public order, prisons, protection of foreign and stateless people (9%), then the petitions with relation to the protection of the children, women and family rights (8%), or to the observance of labor right (8%) and finally the petitions regarding the ethnic minorities rights (1%).
From the petitions received at the People's Advocate, a number of 2970 (40%) was retained in order to be solved. Also the People's Advocate verified 4442 petitions and after that the petitioners were guided to address to the competent public authorities.

From the total number of the petitions retained to be solved by the People's Advocate a number of 690 (23%) was found entitled, and 744 (25%) were deemed as not founded. A number of 1536 petitions are in process to be solved. This large number of not solved petitions is, exclusively, a result of the misconduct of the public authorities or institution which, even if they are obliged by the law (paragraph. 2 of article 56 from Romanian Constitution and article 4 of Law no. 35/1997) to answer to all People's Advocate demands, they do not do it, or they do it incompletely or with a big delay. Such a conduct has as a direct effect the impossibility of the People's Advocate to solve the petition in a reasonable time, the discontentment of the citizens-petitioners and it represents an important violation of the petition right, set out by the article 47 from the Constitution.

During year 2001 the staff of People's Advocate registered a number of 3995 interviews with the same topic as the problems, which were the object of the petitions submitted to the institution. The number of interviews increased compared to the year 2000, with 757, which represents an increase of 23%.

Also in the year 2001 the People's Advocate performed a total number of 151 investigations, 120 at the petitioners request and 31 ex officio. This high number of investigations shows many problems, which appeared in the authorities and public institution's activity and which required on location investigations performed by the institution experts.

Investigations ex officio have been realized by People's Advocate in order to examine: alleged abuses committed by public servants or police servants towards citizens; observance of prisoners' rights to benefit of medical assistance and food; respecting children rights in situations of infringements, non-identified by the competent public authorities; respecting foreign citizen's and stateless persons rights, as refugees.

Whenever the reasons of investigations were confirmed, People's Advocate requested the public authorities and institutions in order to take the legal and necessary measures.

In the Chapter B. "Domains of activity", are included the main specific problems, as follows:
a) Protection of the property right;
b) Protection of the national minorities' rights;
c) Public order, penitentiaries and protection of foreign citizens and stateless person's rights;
d) Protection of children, family and woman's rights;
e) Labour right and social protection of labour;
f) Other areas (observance of the right to reinstate or to instate the land property by the competent public authorities; pension rights; special protection of the disable persons; right to health protection; re-education of the minors; military and special services; protection of the tax-payer rights; protection of the consumer rights; protection of the religious cults).

In consequence of solving petitions, there were issued 20 recommendations addressed to Labour and Social Solidarity Ministry, Central Commission for application of Law no. 9/1998, to the guardian authorities, commissions for children's protection, chairman of the county councils and local public administrative authorities.

Recommendations are referred to:

• Integrating in a superior group of labour, after determining the pensioner's quality;
• Identification and solving discrepancies appeared in the process of application of the Law no. 9/1998;
• Setting up measures of protection for minors;
• Conferring the state allocation for children;
• Observance of decent living standard right;
• Setting up measures for protection of adult people;
• Completing essential funds to social benefit payment;
• Observance of legislation concerning land property.

In the annual Report there are four other chapters referring to:
Chapter C. "Work conditions in frame of People's Advocate Institution"
Chapter D. "The conduct of public authorities and institutions regarding People's Advocate requests". Since 2001 some authorities and public institutions have shown their availability to the People's Advocate requests. In most cases, public authorities responded in delay, they did not respond, or they had an illegitimate attitude towards People's Advocate requests.
Chapter E. "Suggestions for changing, completing and abrogating legal provisions";
Chapter F. "Measures to be taken in 2002, for improvement of People's Advocate institution activity".

Institutia Avocatul Poporului

ROMANIA

ANNUAL REPORT 2001

Synthesis

The annual report of People's Advocate is structured on two big chapters: Part one - The general presentation of activity and Part two - Annexes.

Part I includes: A. General volume of activity; B. Domains of activity: C. Work conditions in the frame of People's Advocate Institution; D. The conduct of the authorities and public institutions regarding People's Advocate requests; E. Suggestions for changing, completing or abrogating legal provisions; F. Measures to be taken on 2002, for improvement of People's Advocate Institution activity.

In the Second Part, entitled Annexes, are detailed chapters from the first part and there are presented statistics referring to the petitions and to the authorities which answered in delay or did not answer at all at the People's Advocate demands. Also in this part are included the proposals of the Law modification, completion, or abrogation.
Compared to the last years, the present report was conceived as a synthetic and objective presentation of the problems arisen in the People's Advocate activity and of the proposed solutions in order to achieve both a better management of the institution, and the observance of the citizens rights by the executive institutions of the central and local public administration.

Part I, "The general presentation of activity", starts with the Chapter A. which describes the general volume of activity performed during year 2001.

Thus, in the year 2001, the citizens submitted to the People's Advocate a number of 7412 petitions, which represents an increase of 63% compared with the year 2000. In addition to this number 961 petitions registered before 2001, were solved partially in the year 2001.

From the total number of the petitions, the core is represented by the petitions related to the ownership right (17%), followed by the petitions related to the public order, prisons, protection of foreign and stateless people (9%), then the petitions with relation to the protection of the children, women and family rights (8%), or to the observance of labor right (8%) and finally the petitions regarding the ethnic minorities rights (1%).
From the petitions received at the People's Advocate, a number of 2970 (40%) was retained in order to be solved. Also the People's Advocate verified 4442 petitions and after that the petitioners were guided to address to the competent public authorities.

From the total number of the petitions retained to be solved by the People's Advocate a number of 690 (23%) was found entitled, and 744 (25%) were deemed as not founded. A number of 1536 petitions are in process to be solved. This large number of not solved petitions is, exclusively, a result of the misconduct of the public authorities or institution which, even if they are obliged by the law (paragraph. 2 of article 56 from Romanian Constitution and article 4 of Law no. 35/1997) to answer to all People's Advocate demands, they do not do it, or they do it incompletely or with a big delay. Such a conduct has as a direct effect the impossibility of the People's Advocate to solve the petition in a reasonable time, the discontentment of the citizens-petitioners and it represents an important violation of the petition right, set out by the article 47 from the Constitution.

During year 2001 the staff of People's Advocate registered a number of 3995 interviews with the same topic as the problems, which were the object of the petitions submitted to the institution. The number of interviews increased compared to the year 2000, with 757, which represents an increase of 23%.

Also in the year 2001 the People's Advocate performed a total number of 151 investigations, 120 at the petitioners request and 31 ex officio. This high number of investigations shows many problems, which appeared in the authorities and public institution's activity and which required on location investigations performed by the institution experts.

Investigations ex officio have been realized by People's Advocate in order to examine: alleged abuses committed by public servants or police servants towards citizens; observance of prisoners' rights to benefit of medical assistance and food; respecting children rights in situations of infringements, non-identified by the competent public authorities; respecting foreign citizen's and stateless persons rights, as refugees.

Whenever the reasons of investigations were confirmed, People's Advocate requested the public authorities and institutions in order to take the legal and necessary measures.

In the Chapter B. "Domains of activity", are included the main specific problems, as follows:
a) Protection of the property right;
b) Protection of the national minorities' rights;
c) Public order, penitentiaries and protection of foreign citizens and stateless person's rights;
d) Protection of children, family and woman's rights;
e) Labour right and social protection of labour;
f) Other areas (observance of the right to reinstate or to instate the land property by the competent public authorities; pension rights; special protection of the disable persons; right to health protection; re-education of the minors; military and special services; protection of the tax-payer rights; protection of the consumer rights; protection of the religious cults).

In consequence of solving petitions, there were issued 20 recommendations addressed to Labour and Social Solidarity Ministry, Central Commission for application of Law no. 9/1998, to the guardian authorities, commissions for children's protection, chairman of the county councils and local public administrative authorities.

Recommendations are referred to:

• Integrating in a superior group of labour, after determining the pensioner's quality;
• Identification and solving discrepancies appeared in the process of application of the Law no. 9/1998;
• Setting up measures of protection for minors;
• Conferring the state allocation for children;
• Observance of decent living standard right;
• Setting up measures for protection of adult people;
• Completing essential funds to social benefit payment;
• Observance of legislation concerning land property.

In the annual Report there are four other chapters referring to:
Chapter C. "Work conditions in frame of People's Advocate Institution"
Chapter D. "The conduct of public authorities and institutions regarding People's Advocate requests". Since 2001 some authorities and public institutions have shown their availability to the People's Advocate requests. In most cases, public authorities responded in delay, they did not respond, or they had an illegitimate attitude towards People's Advocate requests.
Chapter E. "Suggestions for changing, completing and abrogating legal provisions";
Chapter F. "Measures to be taken in 2002, for improvement of People's Advocate institution activity".