Une Greffe Institutionnelle Reusite: L’Ombudsman Roumain

After a painful experience, that lasted more than 50 years under the communist regime, Romania rejoined, in December 1989, the family of democratic countries to which it used to belong before World War II. However, in the late 20th century, democracy is no longer the same as the one dating back to the first half of the last century: it is nowadays focused on the effective promotion and safeguard of human rights against possible abusive actions originating from the legislature or the executive. Hence, the reintroduction and reception of certain constitutional institutions or mechanisms have been achieved in Romania under the sign of this new reality from the end of the second millennium, overlapped with the communist experience, when no proper protection of the fundamental rights existed. An effective promotion and safeguard of human rights against abusive actions originating from the legislature or the executive can be achieved also through the implementation of the Ombudsman institution, a pillar which are essential in asserting the rule of law, and which have experienced a remarkable evolution since the fall of communism. The Romanian Ombudsman is not a jurisdictional institution, but an autonomous public authority, independent of any other public authority, which actions are based on conciliation.