文章基本信息

标题：THE ROMANIAN OMBUDSMAN AND ITS INTERRACTION WITH THE COURTS – an exploratory research
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作者：Dacian C. DRAGOŞ ; Bogdana NEAMŢU ; Dan BALICA 等
期刊名称：Transylvanian Review of Administrative Sciences
印刷版ISSN：1842-2845
出版年度：2010
卷号：31
页码：58-75
出版社：Babes Bolyai University
摘要：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.