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Fundamental rights - Romania


National courts

Ombudsman

Specialised human rights bodies

Other specialised bodies

National courts

Depending on the category of law generically covering the act that has resulted in the violation of a person’s rights (i.e. civil law, criminal law, administrative litigation, etc.), the person affected may refer the matter either direct to the court, usually by lodging legal action in a civil law context, or to other public institutions, in accordance with the procedures laid down by law.

In criminal law, a person whose rights have been violated by an act covered by the Criminal Code may refer the matter either to the police or to the public prosecutor’s office, and the criminal trial will take place in accordance with criminal procedure.

In cases of administrative litigation, under Law No 554/2004, any person who alleges the impairment of a right or legitimate interest by a public authority through an administrative act or failure to resolve an application within the legal time-limit, may apply to the competent administrative court for the revocation of the act, for the recognition of the claimed right or legitimate interest and for the reparation of the damage caused. Equally, a person who alleges the impairment of a right or legitimate interest through an administrative act of an individual nature intended for another legal subject may also refer the matter to the administrative court. As a rule, before referring the matter to the competent administrative court, the person in question must follow a preliminary procedure (detailed in Article 7 of Law No 554/2004), which consists of applying for the total or partial revocation of the act to the public authority that issued the act or to the authority that is hierarchically superior to it (if such an authority exists).

The competence of courts and of the other institutions mentioned above is laid down in the legislative acts in force (for example, the Code of Civil Procedure, the Code of Criminal Procedure, Law No 554/2004).

As regards proceedings before the courts, as a rule these are proceedings of ordinary law, having certain specificities depending on the category of law in question (for more information see Link opens in new windowhttp://portal.just.ro/SitePages/ghid.aspx, available in Romanian only).

The contact data for courts and other additional information are available on the Link opens in new windowPortalul instanțelor de judecată [Courts portal] (available in Romanian only).

Ombudsman

OMBUDSMAN

(AVOCATUL POPORULUI)

Address of head office:

Strada Eugeniu Carada No 3
Sector 3
Bucharest

Map: Link opens in new windowhttp://www.avp.ro/locatie.jpg

Head office contact details:

Dispatcher centre phone No: (+40) (0)21 3127134;
Switchboard: (+40) (0)21 3129462
E-mail: Link opens in new windowavp@avp.ro
Website: Link opens in new windowhttp://www.avp.ro/

Appointment hours:

From Monday to Thursday from 9:00 am to 4:00 pm and Friday from 9:00 am to noon for appointments with specialised staff (advisers and experts). Citizens who so wish may also obtain an appointment with the Ombudsman and deputies.

Addresses of regional offices:

Link opens in new windowRomanian Ombudsman Regional Offices

Overview of the institution (legal basis, presentation, organisation, tasks, complaints, procedures)

Link opens in new windowhttp://www.avp.ro/index.php?option=com_content&view=article&id=67&Itemid=161&lang=ro-ro

Model complaint form:

Link opens in new windowhttp://www.avp.ro/index.php?option=com_content&view=article&id=166&Itemid=123&lang=ro

The main regulations in force concerning the Ombudsman are included in:

  • Articles 58 to 60, Article 65(2), Article 146(a) and (d) of the Constitution of Romania;
  • Law No 35/1997 on the organisation and functioning of the institution of Ombudsman, republished in Official Gazette of Romania Part I No 844 of 15 September 2004, as subsequently amended and supplemented;
  • Regulation on the organisation and functioning of the institution of Ombudsman, republished in Official Gazette of Romania Part I No 922 of 11 October 2004, as amended by Decision No 6/2007 of the Permanent Offices of the Chamber of Deputies and of the Senate, published in Official Gazette of Romania No 445 of 29 June 2007;
  • Law No 554/2004 on administrative appeals, published in Official Gazette of Romania Part I No 1154 of 7 December 2004, as subsequently amended;
  • Law No 202/2010 concerning certain measures for speeding up the settlement of cases, published in Official Gazette of Romania Part I No 714 of 26 October 2010, as subsequently amended and supplemented.

Purpose of establishment and characteristics:

  1. to protect the rights and freedoms of individuals in their relations with public authorities;
  2. the Ombudsman is an autonomous public authority independent of any other public authority;
  3. the institution has its own budget which forms an integral part of the State budget;
  4. it does not act as a substitute for public authorities in the exercise of its tasks;
  5. the Ombudsman may not be subject to any imperative or representative mandate, and no person may compel the Ombudsman to submit to their instructions or orders;
  6. the Ombudsman’s activity is public, but at the request of persons whose rights and freedoms have been infringed, or on justified grounds, its activity may be declared to be confidential;
  7. it performs its tasks ex officio or at the request of natural persons, companies, associations or other legal persons. Complaints may be lodged irrespective of citizenship, age, gender, political affiliation or religious beliefs.

The Ombudsman’s deputies

The Ombudsman is assisted by deputies specialised in the following fields of activity:

  1. human rights, equal opportunities for men and women, religions and national minorities;
  2. the rights of the child, of the family, of young people, of retired people, of people with disabilities;
  3. the armed forces, the justice system, the police, prisons;
  4. property, labour, social protection, taxes and duties.

Who may complain to the Ombudsman and in what matters:

1. Acts and actions in respect of which a complaint can be lodged

Administrative acts or actions of public authorities that result in the infringement of the rights and freedoms of individuals may be the subject of a complaint.

By law, acts of autonomous public corporations are also included in the category of administrative acts falling under the purview of the Ombudsman.

Inaction on the part of public administration bodies and the late issue of acts are also treated as administrative acts.

The following do not fall under the purview of the Ombudsman and will be rejected without any reasons being given if they are the subject of a complaint:

  • acts issued by the Chamber of Deputies, the Senate or the Parliament;
  • acts and actions of deputies and senators;
  • acts and actions of the President of Romania;
  • acts and actions of the Government, with the exception of laws and orders;
  • acts and actions of the Constitutional Court;
  • acts and actions of the President of the Legislative Council;
  • acts and actions of a judicial authority.

2. Who may complain to the Ombudsman?

Any natural person, irrespective of citizenship, age, gender, political affiliation or religious beliefs, may complain to the Ombudsman.

3. The Ombudsman institution fulfils its duty to protect citizens’ rights and freedoms in their relations with public authorities:

  • at the request of the injured person;
  • ex officio.

4. Conditions for the acceptance and examination of a complaint

  • it must be formulated in writing and may be sent by mail, including e-mail or fax; it may also be lodged in person or by an attorney-in-fact (who will be requested to provide his/her identification details) at the head office of the institution or at one of its regional offices, either during an appointment or at the office’s registry;
  • the complainant may, if there are good reasons, be allowed on request to present his/her application orally or through the dispatcher service; the complaint will be recorded on standard forms by the staff designated for that purpose;
  • it must be signed by the complainant;
  • it must contain:
    • full information concerning the identification details of the person whose rights and freedoms as a citizen have allegedly been infringed (surname, first name, domicile);
    • details about the damage caused (the rights and freedoms infringed, the actions invoked and a description thereof);
    • details identifying the administrative authority or public servant concerned;
    • proof of delay or of refusal by the public administration body to settle the matter in accordance with the law, within the deadline set;
    • a mandatory indication as to whether or not the complaint is/was the subject of a case pending before a court;
    • details identifying public authorities previously notified;
    • as annexes, any documents likely to substantiate the complaint;
  • a complaint lodged with the Ombudsman is exempted from stamp duty.

5. Cases in which a complaint cannot be considered:

  • where the subject matter of a complaint does not fall under the purview of the Ombudsman;
  • anonymous complaints (not registered) or those lodged on behalf of another person without the latter’s consent;
  • complaints submitted later than a year after the date on which the alleged infringement occurred or the date on which the person concerned became aware of the alleged infringement;
  • complaints which are manifestly unfounded may be rejected, with reasons being given.

6. Working methods for resolving complaints:

  • Inquiries – the Ombudsman institution is entitled to conduct its own inquiries, to ask the public administration authorities for any information or documents necessary for the inquiry, to interview and to take statements from the management of public administration authorities and any public servant who can provide information needed to resolve a complaint.
  • Recommendations – in the exercise of its duties, the Ombudsman institution issues recommendations. Through these recommendations, the Ombudsman notifies the public administration authorities, as the case may be, of the unlawful nature of administrative acts or actions.
  • Special reports – if the Ombudsman institution finds shortcomings in the legislation or serious cases of corruption or non-compliance with the national laws during the investigations conducted, it submits a report containing the findings to the Presidents of the two Chambers of Parliament or, where appropriate, to the Prime Minister.
  • Dispatcher’s Office – a dispatcher service is available at the head office of the Ombudsman and at the 14 regional offices (Tel.: 021 312 7134 [head office]; Link opens in new windowhttp://www.avp.ro/linkuri/birouriteritoriale.pdf). Citizens may telephone during the following times: Monday to Thursday from 9:00 am to 4:00 pm; Friday from 9:00 am to 2:00 pm
  • Appointments – these are available with the specialised staff of the institution. Citizens can also obtain an appointment with the Ombudsman himself/herself or deputies, in accordance with the Rules on the organisation and functioning of the institution of Ombudsman, or with the representatives of regional offices

Specialised human rights bodies

Ombudsman for rights of the child

NATIONAL AUTHORITY FOR CHILD PROTECTION AND ADOPTION (AUTORITATEA NAȚIONALĂ PENTRU PROTECȚIA COPILULUI ȘI ADOPȚIE)

Address:

Bulevardul G-ral Gheorghe Magheru No 7
Sector 1
010322 Bucharest

Contact details:

Tel.: (+40) (0)21 3153633, (+40) (0)21 3153630, (+40) (0)21 3100789, (+40) (0)21 3100790
Fax: (+40) (0)21 3127474
E-mail: Link opens in new windowoffice@anpfdc.ro
Website: Link opens in new windowhttp://www.copii.ro/?lang=en

Opening hours for the public:

Monday to Thursday: 8:30 am - 4:30 pm

Friday: 8:30 am -2:00 pm

Adoption Department: Tuesday and Thursday: 9:00 am - noon

Overview of the institution (legal basis, presentation, organisation, tasks, types of services):

Link opens in new windowhttp://www.copii.ro/despre-noi/misiune/,
Link opens in new windowhttp://www.copii.ro/activitate/sistemul-de-protectie-a-copilului/prezentare-generala/.

The Directorate-General for Child Protection is a specialised directorate within the National Authority for Protection of the Rights of the Child and Adoption.

Tasks:

  • to prepare and justify programmes in the area of family protection and for the prevention and combating of domestic violence, and for the protection and promotion of the rights of the child;
  • to monitor observance of the rights of the child and to recommend to central or local authorities that requisite action be taken;
  • to record centrally and summarise information on compliance with the principles and rules established by the Convention on the Rights of the Child, as ratified by Law No 18/1990, republished, as subsequently amended, and to pursue and take the required action to implement the recommendations of the Committee on the rights of the child;
  • to coordinate and guide in methodological terms the activities of services intended to prevent the separation of a child from its parents, services concerning the special protection of children, and the activities carried out by child protection committees;
  • to draw up standards, detailed rules and working procedures for services charged with preventing the separation of a child from its parents and with ensuring the special protection of children and young people and the protection of the family and victims of domestic violence, as well as for services dealing with perpetrators of violence;
  • to prepare licensing methodology and assessment criteria for services charged with preventing the separation of a child from its parents and with the special protection of children and young people and victims of domestic violence; and to license those services;
  • to coordinate and guide in methodological terms activities carried out to support the family and victims of domestic violence, as well as the services provided to them.

Equality body

NATIONAL COUNCIL FOR COMBATING DISCRIMINATION (CONSILIUL NAȚIONAL PENTRU COMBATEREA DISCRIMINĂRII - CNCD)

Address of head office:

Piata Valter Maracineanu Nos 1-3, Sector 1, 010155 Bucharest

Phone No: (+40) (0)21 3126578; (+40) (0)21 3126579
Fax: (+40) (0)21 3126585
E-mail: Link opens in new windowsupport@cncd.org.ro
Website: Link opens in new windowhttp://www.cncd.org.ro/

Opening hours for the public:

Monday to Thursday: 8:00 am -4:30 pm; Friday: 8:00 am -2:00 pm

Addresses of regional offices and of the Research Centre:

Link opens in new windowhttp://www.cncd.org.ro/contact/

Overview of the institution (legal basis, presentation, organisation, tasks, complaints, procedures):

Link opens in new windowhttp://www.cncd.org.ro/ ,
Link opens in new windowhttp://www.cncd.org.ro/profil/,
Link opens in new windowhttp://www.cncd.org.ro/organizare/

Legal basis:

The National Council for Combating Discrimination operates under Link opens in new windowGovernment Order No 137/2000 on the prevention and sanctioning of all forms of discrimination, republished

Presentation of the institution:

The National Council for Combating Discrimination (CNCD) is an autonomous State authority, controlled by Parliament, which carries out activities aimed at combating discrimination. The Council is a guarantor for the observance and application of the principle of non-discrimination in accordance with the internal legislation in force and with the international agreements to which Romania is a party. The National Council for Combating Discrimination operates under Government Order No 137/2000 on the prevention and sanctioning of all forms of discrimination, republished

1. What must a complaint contain?

A complaint must include the following mandatory data:

  • the surname and first name of the person lodging the complaint;
  • the address to which the complainant would like the reply to be sent; the address at which the CNCD can contact the complainant for any additional information required for resolution of the case;
  • the telephone number on which the complainant can be contacted for any additional information;
  • the actual substance of the complaint, which should include a detailed description of the alleged discriminatory acts;
  • the identification details of the person accused of discrimination (address, phone number if possible, etc.), which are required in order to contact that person for summoning before the CNCD Executive Committee, or for the purposes of further investigation.

2. What happens once a complaint has been lodged?

The complaint is registered and forwarded to the Executive Committee to be resolved. A complaint may be referred to the CNCD within one year following the date on which the alleged discriminatory act was committed or from the date on which the person concerned was informed thereof. The person allegedly discriminated against may apply to a court to have the consequences of discriminatory acts rectified and to have the situation that existed prior to the discriminatory act restored. The time limit for resolution of a complaint is 90 days.

The Executive Committee will investigate the existence of a discriminatory act by mandatorily summoning the parties by any means that ensures acknowledgment of receipt. The failure of parties to appear in person shall not hinder the resolution of a complaint. In order to ensure that the correct decision is taken, additional investigations may be conducted, including the interviewing of parties.

The complainant is required to prove the existence of a discriminatory act, while the person accused of discrimination is required to prove that the act concerned does not constitute discrimination.

The ruling (the Decision of the Executive Committee) is communicated in writing within 15 days after the decision has been taken at a meeting of the Executive Committee. The parties may challenge the Decision of the Executive Committee before a court within 15 days following the date of its receipt. Both parties are exempted from payment of judicial stamp duty.

3. What are the sanctions applied for discriminatory acts?

Discriminatory acts are punishable:

  • by a warning;
  • by a fine ranging from RON 1 000 to RON 30 000 if the discrimination relates to an individual;
  • by a fine ranging from RON 2 000 to RON 100 000 if the discrimination relates to a group of persons or a community

NATIONAL AGENCY FOR ROMA PEOPLE

(AGENȚIA NAȚIONALĂ PENTRU ROMI – ANR)

Contact details:

Str. Splaiul Independentei No 202, 8th floor, room 23, Sector 6, Bucharest

Tel.: (+40) (0)21 3113048
Fax: (+40) (0)21 3113047
E-mail: Link opens in new windowinfo@anr.gov.ro.
Website: Link opens in new windowhttp://www.anr.gov.ro/

Contact details of regional and county offices:

Link opens in new windowhttp://www.anr.gov.ro/index.php/contact

Overview of the institution (mission, structure, results):

Link opens in new windowhttp://www.anr.gov.ro/

Legal basis:

Government Order No 78/2004 establishing the National Agency for Roma People, approved as amended by Law No 7/2005

In the exercise of the functions laid down in Article 3 of Decision No 1703/2004 on the organisation and functioning of the National Agency for Roma People, as subsequently amended and supplemented, the institution fulfils the following main tasks:

  • drawing up Government policy and strategy for protecting the rights of the Roma minority, in parallel with other tasks provided for by legislative acts within its area of activity;
  • initiating and pursuing training actions on combating discrimination against Roma people within central and local public administration;
  • endorsing draft laws and other legislative acts which are relevant for the rights and duties of persons belonging to the Roma minority;
  • monitoring the application of national and international legislative acts concerning the protection of the Roma minority;
  • receiving and examining requests and referrals addressed by institutions, organisations or individuals, and communicating the specialist opinion of the Agency;
  • developing a system for the provision of information, training and expert advice for the Roma minority;
  • analysing and assessing any potentially discriminatory effects of current regulations, and making active efforts to improve the legal framework in place.

In the exercise of its functions, the National Agency for Roma People:

  • cooperates with ministries and with central and local public administration authorities, as well as with other public institutions and with natural and legal persons;
  • cooperates with inter-governmental and non-governmental organisations in Romania and abroad;
  • benefits from expert advice and assistance provided in Romania and abroad, and from training and advanced training programmes for its staff, subject to the budgetary funds allocated or other funds obtained in Romania or abroad in accordance with the law;
  • initiates, participates in and promotes actions, projects and sectoral programmes, together with specialised non-governmental institutions and organisations, in order to improve the situation of Roma people.

NATIONAL AUTHORITY FOR PERSONS WITH DISABILITIES (AUTORITATEA NATIONALĂ PENTRU PERSOANELE CU DIZABILITĂȚI)

Head office address:

Calea Victoriei No 194
Bucharest

Contact details:

Tel.: (+40) (0)21 2125438; (+40) (0) 21 2125439; (+40) (0)21 3220976; (+40) (0)21 3226303; (+40) (0)213226304; (+40) (0)21 3207155
Fax: (+40) (0)21 2125443
E-mail: Link opens in new windowregistratura@anph.ro

Opening hours for the public:

Monday to Friday: 9:00 am – 4 pm (for contact by phone)

Overview of the institution (structure, tasks, rules of organisation and functioning):

Link opens in new windowhttp://www.mmuncii.ro/Minister

Legal basis:

The National Authority for Persons with Disabilities is a specialised body with legal personality within the central public administration and is subordinate to the Ministry of Labour, Family, Social Protection and Elderly Persons.

The Authority centrally coordinates activities relating to the special protection of people with disabilities and the promotion of their rights; it draws up policies, strategies and standards for the promotion of those rights, as well as monitoring the application of relevant rules and activities concerning the special protection of persons with disabilities.

Legislative acts establishing rights for people with disabilities:

Persons with disabilities benefit from the provisions set out in:

  • Government Emergency Order No 86/2014 establishing certain reorganisation measures at central public administration level and amending and supplementing certain legislative acts;
  • Government Decision No 50/2015 on the organisation, functioning and tasks of the National Authority for Persons with Disabilities.

Data Protection Body

NATIONAL SUPERVISORY AUTHORITY FOR PERSONAL DATA PROCESSING

(AUTORITATEA NAȚIONALĂ DE SUPRAVEGHERE A PRELUCRĂRII DATELOR CU CARACTER PERSONAL – ANSPDCP)

Head office address:

B-dul G-ral. Gheorghe Magheru Nos 28-30, Sector 1, 010336 Bucharest

Contact details:

Tel.:  (+40) (0)31 8059211; (+40) (0)31 8059212
Fax: (+40) (0)31 8059602
E-mail: Link opens in new windowanspdcp@dataprotection.ro
Website: Link opens in new windowhttp://www.dataprotection.ro/

Opening hours for the public:

  • The registry of the National Supervisory Authority is open to the public from Monday to Friday from 09:00 am to 1:00 pm;
  • Appointments are possible from Monday to Friday between 11:00 am and 1:00 pm.

Overview of the institution:

The National Supervisory Authority for Personal Data Processing pursues its activity in conditions of full independence and impartiality. The Authority monitors and checks the legality of personal data processing that falls under Law No 677/2001 on the protection of individuals with regard to the processing of personal data and on the free circulation of such data, as subsequently amended and supplemented.

Objective:

To protect the fundamental rights and freedoms of individuals, in particular the right to privacy and to family and private life, with regard to the processing of personal data and the free circulation of such data

Legal basis:

Law No 102/2005 on the establishment, organisation and functioning of the National Supervisory Authority for Personal Data Processing.

Tasks (a selection):

  • to receive and analyse notifications concerning the processing of personal data;
  • to authorise data processing in the situations referred to in the law;
  • to decide, where it finds any breach of the provisions of the law, on whether to suspend or cease data processing and/or partially or fully delete the processed data, referring the matter to the criminal prosecution bodies or taking legal action as appropriate;
  • to inform individuals and/or legal persons of the need to meet the obligations and to carry out the procedures referred to in Law No 677/2001;
  • to keep and make available to the public the register of personal data processing;
  • to receive and resolve complaints, referrals or applications lodged by individuals and communicate the solution found or, as applicable, the action taken;
  • to carry out advance checks where an operator processes personal data likely to pose particular risks to people’s personal rights and freedoms;
  • to conduct investigations ex officio or when complaints or referrals are received;
  • to provide recommendations and endorsements with regard to any issue related to the protection of fundamental rights and freedoms as regards the processing of personal data, at the request of any person, public authority or public administration body.

Procedure for the receipt and resolution of complaints, referrals and applications:

Persons whose personal data are processed may contact the Supervisory Authority in writing if they consider that their rights under Law No 677/2001 have been breached, provided that no legal action has been previously taken in respect of the same matter, and only after they have approached the operator concerning whom the complaint is being lodged.

Standard forms for possible use by persons intending to lodge a complaint with ANSPDCP can be accessed on the institution's website.

Other specialised bodies

DELEGATED JUDGE

(JUDECĂTORUL DELEGAT)

Legal basis:

Law No 254 of 2 June 2013 on the enforcement of sentences and custodial measures ordered by judicial bodies in criminal proceedings and Decision No 89/2014 of the Superior Council of Magistracy approving the Rules on the organisation of the activity of judges delegated to oversee the implementation of custodial sentences.

Presentation and role:

Delegated judges are magistrates in the Romanian court system. They are delegated on a yearly basis by the President of the Court of Appeal for each prison located within the territorial jurisdiction of the Court of Appeal. The role of a judge delegated to oversee the implementation of custodial sentences is to supervise and monitor legality in the implementation of such sentences. A judge delegated to a prison encompassing a detention- and-preventive-arrest centre or a preventive-arrest centre also oversees and monitors observance of legality in the implementation of preventive measures involving deprivation of liberty. At the same time, the judge ensures observance of the rights provided for by law for persons serving custodial sentences.

Complaints:

  1. A convicted person may, within three days of being informed of the decision setting the terms of a custodial sentence, submit to the judge assigned to oversee the implementation of custodial sentences a complaint regarding the way in which those terms were set (Article 39(3) of Law No 254/2013).
  2. A convicted person may, within three days of being informed of a decision by a commission to change the terms of a custodial sentence, submit to the judge assigned to oversee the implementation of custodial sentences a complaint with regard to that decision (Article 40(11) of Law No 254/2013).
  3. A convicted person may, within ten days of becoming aware of a decision by the prison administration regarding measures in respect of the exercise of the rights provided for by this law, submit to the judge assigned to oversee the implementation of custodial sentences a complaint with regard to those measures (Article 56(2) of Law No 254/2013).
  4. A convicted person may, within three days of being informed of a decision by the disciplinary committee to impose a disciplinary penalty, submit to the judge assigned to oversee the implementation of custodial sentences a complaint with regard to that decision (Article 104(1) of Law No 254/2013).

A detained person may, within three days of being informed of a decision by a commission to change the terms of detention, submit to the judge assigned to oversee the implementation of measures involving deprivation of liberty a complaint with regard to that decision (Article 153(8) of Law No 254/2013).

GENERAL INSPECTORATE FOR IMMIGRATION

(INSPECTORATUL GENERAL PENTRU IMIGRĂRI)

Address of head office:

Strada Lt. col. Marinescu C-tin No 15A, Sector 5, Bucharest

Tel.: (+40) (0)21 4109940

Fax: (+40) (0)21 4107501

E-mail: Link opens in new windowigi@mai.gov.ro and Link opens in new windowdocument.igi@mai.gov.ro - address intended exclusively for transmission of copy of identity card

Addresses of various directorates of the General Inspectorate for Immigration:

Link opens in new windowhttp://igi.mai.gov.ro/contact/bucure%C8%99ti

Regional units of the General Inspectorate for Immigration:

Link opens in new windowhttp://igi.mai.gov.ro/ro/node/contact

Presentation of the institution:

The General Inspectorate for Immigration is organised and functions as a specialised entity of the central public administration. It is a public institution with legal personality and is subordinate to the Ministry of Administration and Internal Affairs (Ministerul Administrației și Internelor).

Objective:

Set up as part of the reorganisation of the Romanian Office for Immigration (Oficiul Român pentru Imigrări), the General Inspectorate for Immigration carries out statutory tasks for the implementation of Romania's policies in the fields of migration, asylum and integration of foreigners and the enforcement of associated legislation.

The activity of the General Inspectorate for Immigration constitutes a public service that both serves individual and community interests and supports State institutions, exclusively on the basis of and in accordance with the law.

Legal basis:

The organisational structure and duties of the General Inspectorate for Immigration are set out in Government Decision No 639 of 20 June 2007, as subsequently amended and supplemented.

Organisationally, the Inspectorate is made up of central directorates, services and other functional entities, regional centres accommodating and processing asylum seekers, regional accommodation centres for foreigners taken into public custody, and county-level entities.

In the exercise of its duties, the General Inspectorate for Immigration cooperates with entities of the Ministry of Administration and Internal Affairs and other State institutions, as well as with NGOs and foreign citizens engaged in activities relating to migration and humanitarian protection. In accordance with legislation, it concludes agreements with peer institutions abroad and with international organisations.

Further information concerning the categories of EU and non-EU citizens, asylum and immigration, legislation, and programmes and strategies of the General Inspectorate for Immigration is available on the Link opens in new windowwebsite of the institution.

LABOUR INSPECTORATE

(INSPECȚIA MUNCII)

Address of the institution:

Str. Matei Voievod No 14, Sector 2, Bucharest

Tel.: (+40) (0)21 3027030

Fax: (+40) (0)21 3027064; +40 21 2520097

E-mail: Link opens in new windowcomunicare@inspectiamuncii.ro

E-mail address for sending copy of identity card: Link opens in new windowcopiedoc@inspectiamuncii.ro

Website: Link opens in new windowhttps://www.inspectiamuncii.ro/

Opening hours of the Labour Inspectorate

Monday to Thursday: 8:00 am - 4:30 pm

Friday: 8:00 am -2.00 pm

Presentation of the institution:

The Labour Inspectorate is a specialised body of the central public administration and is subordinate to the Ministry of Labour, Family, Social Protection and Elderly Persons. Its head office is in Bucharest Municipality.

The institution has legal personality and performs the role of State authority exercising control in the fields of labour relations, workplace health and safety, and market supervision.

Objective of the institution:

The Labour Inspectorate is responsible for ensuring social protection at the workplace in accordance with Article 41 of the Constitution of Romania, republished, ILO Convention No 81/1947 on labour inspection in industry and commerce, as ratified by State Council Decree No 284/1973, and ILO Convention No 129/1969 on labour inspection in agriculture, as ratified by State Council Decree No 83/1975.

Legal basis:

The institution was established and organised under:

  • Law No 108/1999, republished, as subsequently amended and supplemented;
  • Government Decision No 1377/2009, as subsequently amended and supplemented.

The following are subordinate to the Labour Inspectorate:

Information regarding complaints that may be submitted to the Labour Inspectorate can be found on the Link opens in new windowwebsite of the institution.

Information of public interest is available on the Link opens in new windowwebsite of the institution.

NATIONAL EMPLOYMENT AGENCY

(AGENȚIA NAȚIONALĂ PENTRU OCUPAREA FORȚEI DE MUNCĂ - ANOFM)

Address of head office:

Strada Avalanșei Nos 20-22, sector 4, 040305 Bucharest

Opening hours:

Monday to Thursday: 8:00 am - 4:30 pm

Friday: 8:00 am -2:00 pm

Appointments:

Appointments with the President of the National Employment Agency can be booked for the first or third Tuesday of the month, between 11:00 am and noon. To make an appointment, call (+40) (0)21 3039831

Website: Link opens in new windowhttps://www.anofm.ro/index.html?agentie=ANOFM&page=0

E-mail: Link opens in new windowanofm@anofm.ro

Information regarding the websites of the National Employment Agency's county branches can be found on the Link opens in new windowwebsite of the institution.

Presentation of the institution:

The Agency offers a wide range of services including - among many others - occupational advice, vocational training courses, pre-redundancy counselling services, work placement, business start-up advice, subsidising of employment for persons belonging to disadvantaged groups, and the provision of advantageous loans for the creation of jobs.

It serves the unemployed and businesses alike.

Its main objective is to increase the employment rate and thus reduce unemployment.

Legal basis:

- Law No 202 on the organisation and functioning of the National Employment Agency;

- Government Decision No 1610 on the Statute of the National Employment Agency (ANOFM).

The main objectives of the National Employment Agency are:

  • to institutionalise social dialogue in the field of employment and vocational training;
  • to apply strategies in the field of employment and vocational training;
  • to apply social protection measures for unemployed persons.

More information is available on the Link opens in new windowwebsite of the institution.

NATIONAL ENVIRONMENTAL PROTECTION AGENCY

(AGENȚIA NAȚIONALĂ PENTRU PROTECȚIA MEDIULUI - ANPM)

Head office:

Splaiul Independenței No 294, Block B, Sector 6, 060031 Bucharest

Tel.: (+40) (0)21 2071101; (+40) (0)21 2071102

Fax: (+40) (0) 21 2071103

E-mail: Link opens in new windowoffice@anpm.ro

Website: Link opens in new windowhttp://www.anpm.ro/

Opening hours:

Monday to Thursday: 8:00 am - 4:30 pm

Friday: 8:00 am - 2:00 pm

Presentation of the institution:

The National Environmental Protection Agency is a specialised institution of the central public administration and is subordinate to the Ministry of the Environment. Under Link opens in new windowGovernment Decision No 1000 of 17 October 2012 on the reorganisation and functioning of the National Environmental Protection Agency and subordinate public institutions, it is vested with powers regarding the implementation of policies and legislation in the field of environmental protection.

Objective:

The National Environmental Protection Agency acts within a European and international framework of cooperation to safeguard principles and implement legislation in the field of environmental protection.

The tasks of the National Environmental Protection Agency are to:

  • ensure strategic environmental planning;
  • monitor environmental factors;
  • deal with the authorisation of activities having an impact on the environment;
  • implement environmental legislation and policies at national and local level;
  • submit reports to the European Environment Agency on the following: air quality, climate change, protected areas, soil and water contamination.

Complaints are registered in accordance with Government Order No 27/2002 regulating the resolution of complaints, as approved by Law No 233/2002, and can be sent by e-mail to Link opens in new windowoffice@anpm.ro.

Anonymous complaints or complaints not containing identification details are not taken into account and are closed.

NATIONAL CONSUMER PROTECTION AUTHORITY

(AUTORITATEA NAȚIONALĂ PENTRU PROTECȚIA CONSUMATORILOR - ANPC)

Address:

Bulevardul Aviatorilor No 72, Sector 1, 011865 Bucharest

E-mail: Link opens in new windowcabinet@anpc.ro

Opening hours:

Monday to Thursday: 8:00 am - 4:30 pm

Friday: 8:00 am - 2:00 pm

Legal basis:

  • Government Decision No 700/2012 on the organisation and functioning of the National Consumer Protection Authority.

The tasks of the ANPC include:

  1. being involved - together with other specialised bodies of the central and local public administration having duties in the relevant area, and with non-governmental consumer bodies - in drawing up consumer protection strategy while ensuring that it intermeshes with EU strategy;
  2. bringing the national legal framework into line with EU regulations in the field of consumer protection;
  3. proposing to the Government, for approval and adoption, draft legislative acts in the field of consumer protection regarding the manufacturing, packaging, labelling, conservation, storage, transport, importation and marketing of products; regarding the provision of services, including financial services; and regarding the prohibition of asymmetric breach-of-contract penalties between clients and providers of public services and other services of general interest, so as not to endanger consumers’ life, health and safety or affect their legitimate rights and interests;
  4. preparing, together with other specialised public administration bodies, procedures regarding the objectives, conditions and methods of cooperation in carrying out consumer protection activities.

A full list of the ANPC's duties is set out on the Link opens in new windowwebsite of the institution.

Notifications and complaints:

Consumers can send notifications and complaints to the head offices of the Regional/County Commissariats for Consumer Protection or to the Commissariat for Consumer Protection in Bucharest Municipality, depending on the particular jurisdiction in which the economic operator complained about conducts its business activity.

In order to submit a notification/complaint, please access the link Link opens in new windowINFO Complaints, where you can consult Link opens in new windowthe procedure for submitting complaints and Link opens in new windowthe contact details of the Regional and County Commissariats for Consumer Protection.

Under the relevant statutory provisions, complaints and notifications must be submitted in writing or electronic form, and may be lodged in person.

Complaints can be submitted in electronic form on this Link opens in new windowwebpage.

A complaint or notification must be submitted in the name of the complainant or notifying person.

A complaint/notification will be dealt with within the legal time limit (in accordance with Government Order No 27/2002), provided that it is accompanied by all necessary supporting documents, i.e. an invoice for tax purposes, a cash-register receipt or other receipt, the contract or warranty certificate concerned or other documents, as appropriate.

In order to be dealt with by the Commissariats, complaints must fulfil the conditions set out above. Otherwise, they will be closed for lack of information.

NATIONAL HEALTH INSURANCE AGENCY

(CASA NAȚIONALĂ DE ASIGURĂRI DE SĂNĂTATE - CNAS)

Address:

Calea Călărașilor No 248, Bl. S19, Sector 3, 030634, Bucharest

Website: Link opens in new windowhttp://www.cnas.ro/

E-mail: Link opens in new windowrelpubl1@casan.ro

Tel.: (+40) (0) 37-2309236

Fax: (+40) (0) 37-2309165

Presentation of the institution:

The National Health Insurance Agency (CNAS) is an autonomous public institution of national interest, having legal personality. Its remit is to ensure the consistent and coordinated functioning of the social health insurance system in Romania.

Legal basis:

  • Government Emergency Order No 150/20 November 2002;
  • Government Emergency Order No 180/2000;
  • Law No 145/1997.

Objectives:

To develop and maintain a social health insurance system in which insured persons' rights are respected and their needs met.

General objectives:

  • to protect insured persons against the costs of healthcare services in the event of illness or accident;
  • to ensure that insured persons are covered on a universal, fair and non-discriminatory basis subject to the efficient use of Romania's Single Social Health Insurance Fund.

Specific objectives:

  • to ensure access to healthcare services, medicines and medical devices;
  • to ensure fair and non-discriminatory protection subject to the efficient use of the Single Social Health Insurance Fund;
  • to increase insured persons’ level of satisfaction with the quality of services;
  • to enhance the provision of information to insured persons.

PERMANENT ELECTORAL AUTHORITY

(AUTORITATEA ELECTORALĂ PERMANENTĂ)

Address of head office:

Str. Stavropoleos No 6, Sector 3, 030084 Bucharest

Tel.: (+40) (0)21-3100824

Website: Link opens in new windowhttp://www.roaep.ro/prezentare/

E-mail: Link opens in new windowcomunicare@roaep.ro

Presentation of the institution:

The Permanent Electoral Authority is an autonomous administrative institution with legal personality, and is vested with general powers in electoral matters. Its mission is to ensure the organisation and conduct of elections and referendums and ensure that the funding of political parties and electoral campaigns is in accordance with the Constitution and the relevant legislation and international and European standards.

Legal basis:

  • Decision No 4 of 22 June 2016 approving the rules of organisation and functioning of the Permanent Electoral Authority and of the “Electoral Expert” Centre;
  • Law No 334/2006 on the funding of political parties' activities and electoral campaigns, republished;
  • Law No 208/2015 on elections to the Senate and the Chamber of Deputies and on the organisation and functioning of the Permanent Electoral Authority, as subsequently amended and supplemented.

Objectives:

  • to ensure regular, free and fair electoral processes with the efficient and transparent use of human, financial and economic resources;
  • to ensure that political parties and electoral campaigns are funded correctly and transparently;
  • to ensure an integrated approach to the management of the electoral process.

Functions (the list is not exhaustive):

  • a strategic function: ensuring the establishment of sectoral objectives in its field of activity;
  • a regulatory function: ensuring the preparation and submission for approval of the legislative framework required for the fulfilment of strategic duties in electoral matters, and the preparation and approval of standards and mandatory technical rules for all bodies and authorities charged with electoral tasks;
  • a management function: ensuring the organisation and coordination of the activities and resources required for the conduct of electoral processes;
  • a State authority function: ensuring the monitoring and nationwide application of regulations specifically relating to the electoral system and rules laid down to modernise the Romanian electoral system and ensure its interlinkage with the electoral systems of other EU countries;
  • a control function: ensuring checks on compliance with the law and the application of penalties under the law, where applicable;

Information on other functions can be accessed Link opens in new windowhere.

Tasks (the list is not exhaustive):

  • to prepare proposals regarding the logistics involved in the conduct of elections, which it sends to the Government and the local authorities concerned, and to monitor the implementation of proposals;
  • to monitor the method for demarcating polling station areas and selecting polling station premises and locations of electoral offices;
  • to monitor the timely provision of equipment and supplies for polling stations: standard ballot boxes and polling booths, stamps and stamp pads, containers in which ballots are transported, etc.; and to monitor the safekeeping of such equipment and supplies between elections;
  • to monitor the method for ensuring that the necessary funds are made available in good time for the staggered provision of the logistics involved in the conduct of the electoral process;
  • to monitor the security of polling stations, ballots and other documents and materials required in elections;
  • to monitor the preparation and printing of permanent electoral lists;
  • to monitor and control the updating of the Electoral Register.

Information on other tasks can be accessed Link opens in new windowhere.

ROMANIAN INSTITUTE FOR HUMAN RIGHTS

(INSTITUTUL ROMÂN PENTRU DREPTURILE OMULUI - IRDO)

Address:

B-dul Nicolae Bălcescu No 21, Sector 1, Bucharest

Tel.: (+40) (0)21-3114921

Website: Link opens in new windowhttp://www.irdo.ro/

E-mail Link opens in new windowoffice@irdo.ro

Presentation of the institution:

The Romanian Institute for Human Rights (IRDO) is an independent national institution vested, under the law governing its establishment, with tasks in the fields of research, training, the dissemination of information and the provision of expert advice. That law also provides guarantees of independence and impartiality in accordance with the criteria laid down by the United Nations and the Council of Europe, which recommend the establishment of such institutions in every democratic state.

In carrying out all of its specific tasks in the fields of research, training and the provision of information and expert advice, the Romanian Institute for Human Rights is constantly mindful both of the rules and standards set out in international treaties with regard to human rights and of the relevant case-law of international courts.

What is more, the IRDO has an elected presence in a number of international bodies dedicated to promoting and protecting human rights.

The services of the Institute are available to anyone who needs them. The texts of the basic documents and bibliographical references are disseminated free of charge or provided at the cost of reproduction only.

The Institute can be contracted by scientific institutions or bodies to conduct specialist research work and is available to draw up opinions at the request of specialised fora in Romania and abroad. The charges for such services are set by the Institute's management.

Legal basis:

Law No 9/1991 establishing the Romanian Institute for Human Rights

Objective:

The Institute's remit is to ensure that public bodies, non-governmental associations and Romanian citizens are kept well informed about matters relating to human rights, and about how human rights are guaranteed in other countries, particularly those participating in the Conference on Security and Cooperation in Europe.

At the same time, the Institute strives to raise the awareness of international bodies - and of the general public abroad - concerning the practical arrangements in place to ensure that human rights are observed and safeguarded in Romania.

The IRDO's activities:

  1. setting up, maintaining and operating for all users a documentation centre containing texts of international conventions, laws, documents, studies and publications on human rights, and bibliographical references;
  2. keeping public bodies, non-governmental organisations and citizens informed, in particular by raising their awareness of international documents, practices and usages in the field of human rights, including by providing translations where required;
  3. organising training programmes which are either specifically tailored to the needs of persons with special responsibilities in the protection of human rights or are designed to raise awareness of human rights issues among broader sections of the public;
  4. providing information, either on a regular basis or upon request, on the efforts undertaken by the Government and non-governmental bodies in Romania to promote and safeguard human rights and on similar efforts in other countries, as well as on the international commitments assumed by Romania and the way in which they are fulfilled;
  5. providing documents to parliamentary commissions, at their request, with regard to aspects of human rights touched on in draft legislation and in other matters examined by Parliament;
  6. conducting research into various aspects of human rights promotion and observance in Romania and abroad;
  7. publishing a human rights bulletin and ensuring the wide dissemination thereof, including by providing translations into other languages;
  8. organising public opinion polls on various issues relating to the protection of human rights in Romania.

Additional information on the IRDO can be accessed on the Link opens in new windowwebsite of the institution.


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Last update: 23/08/2018