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Fundamental rights - Romania

The language version you are now viewing is currently being prepared by our translators.
Please note that the following languages: Romanian have already been translated.


National Courts

Ombudsperson

Specialised human rights bodies

National Courts

Depending on the category of law that covers in a generic sense 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 in 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 instanţelor de judecată [Courts portal] (available in Romanian only).

Ombudsman

Address of head office:

3 Eugeniu Carada Street, Bucharest, Sector 3
Map: Link opens in new windowhttp://www.avp.ro/locatie.jpg
Dispatcher centre Phone No: +4 (021) 312.71.34;
Call centre: +4(021) 312.94.62
E-mail: Link opens in new windowavp@avp.ro
Website: Link opens in new windowhttp://www.avp.ro/

Timetable for audiences:

Monday - Thursday, 09:00 – 16:00 and Friday 09:00 – 12:00 with specialised staff comprising advisers and experts (citizens who so wish may also obtain an audience with the leadership of the institution - the Ombudsman and deputies).

Addresses of regional offices: Link opens in new windowhttp://www.avp.ro/linkuri/birouriteritoriale.pdf

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

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

Model application 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, as 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, as 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, as published in Official Gazette of Romania No 445 of 29 June 2007;
  • Law No 554/2004 on administrative appeals, as 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, as published in Official Gazette of Romania Part I No 714 of 26 October 2010.

Purpose of establishment and characteristics:

  1. to protect the rights and freedoms of individuals in their relations with public authorities;
  2. the Ombudsman is a self-governing public authority independent of any other public authority;
  3. it 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 its instructions or orders;
  6. the Ombudsman's activity is public, but at the request of the persons whose rights and freedoms have been infringed, or on justified grounds, it may decide with regard to the confidentiality of its activity;
  7. it fulfils its tasks on its own initiative or at the request of individuals, companies, associations or other legal persons. Petitions 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:

a) human rights, equal opportunities for men and women, religions and national minorities;

b) the rights of the child, of the family, of young people, of retired people, of people with disabilities;

c) army, justice, police, penitentiaries;

d) property, labour, social protection, taxes and duties.

Who may appeal to the Ombudsman and in respect of what matters:

1. Acts and actions subject to petition

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

By law, acts of autonomous public corporations are also included in the category of administrative acts that fall within the remit 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 within the remit of the Ombudsman and are rejected without justification if they form the subject of a petition:

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

2. Who may apply to the Ombudsman?

Any individuals, irrespective of citizenship, age, gender, political affiliation or religious beliefs may apply to the Ombudsman.

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

  • at the request of the injured person;
  • on its own initiative.

4. Conditions for the acceptance and examination of the petition

  • it must be expressed in writing and may be sent by mail, including e-mail, fax; it may also be lodged in person or by an attorney-in-fact (who will be requested to submit his/her identification details) at the registered office of the institution or at one of its regional offices, either on the occasion of an audience or at the office's registry;
  • the petitioner may, on reasonable grounds, be admitted at his own request to present his/her application orally or through the dispatcher service; the application will be recorded on standard forms by the staff designated for that purpose;
  • it must be signed by the petitioner;
  • it must contain:
    • full information concerning the identification details of the person whose rights and freedoms as a citizen have been harmed (surname, first name, domicile);
    • details about the damage caused (the rights and freedoms infringed, the actions invoked and their description);
    • the administrative authority or the public servant concerned;
    • the proof of the delay or the refusal of the public administration body to settle the application in accordance with the law, within the deadline set;
    • a mandatory indication as to whether or not the application is/was the subject of a case pending before a court;
    • the identification of the public authorities which had been previously notified thereof;
    • any documents likely to substantiate the petition must be included as annexes;
  • an application lodged with the Ombudsman is exempted from stamp duty.

5. Cases in which petitions cannot be considered:

  • when petitions are not covered by the remit of the Ombudsman;
  • anonymous petitions (not registered) or those lodged on behalf of another person without the latter’s consent;
  • petitions submitted later than a year after the date when the infringement occurred or the date when the person concerned was notified in respect thereof;
  • petitions which are clearly unfounded may be rejected on justified grounds.

6. Working methods for the settlement of petitions:

  • Inquiries – the Ombudsman 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 leadership of the public administration authorities and from any public servant entitled to provide the necessary information for the settlement of the petition.
  • Recommendations – in the exercise of its duties, the Ombudsman issues recommendations. Through the recommendations it issues, the Ombudsman notifies the public administration authorities of the unlawful nature of administrative acts or actions.
  • Special reports – where the Ombudsman 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 its findings to the Presidents of the two Chambers of the Parliament or, where appropriate, to the Prime Minister.
  • The Dispatcher’s Office –a dispatcher service is provided at the head office of the Ombudsman and at its 14 regional offices (phone No: 021.312.71.34, central office, Link opens in new windowhttp://www.avp.ro/linkuri/birouriteritoriale.pdf). Citizens can call every day between 10:00 and 14:00. Outside these hours, referrals are recorded on the answering machine.
  • Audiences – these are attended by the specialised staff of the institution. Likewise, citizens can obtain an audience with the Ombudsman and its 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

The Ombudsman – The Deputy Ombudsman

See the section dedicated to the Ombudsman.

The Directorate-General for Child Protection

Address:

7 G-ral Gheorghe Magheru Boulevard, Bucharest Sector 1, 010322
Phone No: +4 021-315.36.33, 021-315.36.30, 021-310.07.89, 021-310.07.90
Fax: +4 021-312.74.74
E-mail: Link opens in new windowoffice@anpfdc.ro
Website: Link opens in new windowhttp://www.copii.ro/

Opening hours for the public:

Monday to Friday: 8:30 – 16:30

Audiences with the Director General:

Every second week in the month, on Thursday at 14:00

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 Ministry of Employment, the Family and Social Protection.

Tasks:

  • to prepare and justify programmes in the area of family protection and for the prevention and combat 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 that the central or local authorities take the action required;
  • to register 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 in order to implement the recommendations of the Committee on the rights of the child;
  • to coordinate and guide from a methodological viewpoint 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 prepare standards, detailed rules and working procedures for services ensuring the prevention of the separation of a child from its parents, the special protection of children and young people, and for the protection of the family, the victims of domestic violence and for those intended for the perpetrators of domestic violence;
  • to prepare the licensing methodology and the assessment criteria for services intended to prevent the separation of a child from its parents, for the special protection of children and young people and for the victims of domestic violence, and to license these services;
  • to coordinate and guide from a methodological point of view activities carried out to support the family and the victims of domestic violence, and of the services provided to them.
  • Equality Body

The National Council for Combating Discrimination (CNCD)

Address of the head office:

1 - 3 Valter Maracineanu Square, Bucharest Sector 1, 010155
Phone No: +4 021 312.65.78 ; +4 021 312.65.79
Fax: +4 021 312.65.85
Email: support@cncd.org.ro
Website: Link opens in new windowhttp://www.cncd.org.ro/

Opening hours for the public:

Monday to Thursday 08:00 – 16:30 Friday: 08:00 – 14:00

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, petitions, 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 on the basis of Government Order No 137/2000 on the prevention and sanctioning of all forms of discrimination, as republished

Presentation of the institution:

The National Council for Combating Discrimination (CNCD) is a self-governing State authority controlled by Parliament, which carries out its activity in the area of discrimination. The Council is a guarantor of the observance and application of the principle of non-discrimination in accordance with the internal legislation in force and with the international documents to which Romania is a party. The National Council for Combating Discrimination operates on the basis of Government Order No 137/2000 on the prevention and sanctioning of all forms of discrimination, as republished.

1. What must a petition contain?

The petition must include the following mandatory data:

  • the surname and first name of the person lodging the petition;
  • the address where the petitioner wishes to receive a reply, the contact address where CNCD can contact the petitioner for any additional information required for the settlement of the case;
  • the telephone number to enable contact with the petitioner for any additional information;
  • the body of the petition, which should include the detailed description of the allegedly discriminatory acts;
  • the identification details of the person accused of discrimination (address, phone number, where applicable, etc), which are required in order to establish contact with that person for an interview to be held before the CNCD Executive Committee or for additional investigation.

2. What happens once the petition has been lodged?

The petition is registered and forwarded to the Executive Committee for settlement. A referral may be submitted within one year following the date when the discriminatory act was committed or from the date when the person concerned was informed in respect thereof. The discriminated person may apply to court to have the consequences of the discriminatory acts annulled and to have the situation that existed prior to the discriminatory act restored. The deadline for the settlement of the petition is 90 days.

The Executive Committee will investigate the existence of the discriminatory act through the mandatory summoning of parties by any means that ensures acknowledgment of receipt. Failure of parties to appear in person does not hinder the settlement of the petition. In order to ensure accurate decision-making, additional investigation may be conducted, including the interviewing of parties.

The petitioner is required to prove the existence of the discriminatory acts, while the person accused of discrimination is required to prove that the alleged acts are do not constitute discrimination.

The judgment (the Decision of the Executive Committee) is communicated in writing within 15 days after the decision has been taken at the 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 the payment of legal stamp duty.

3. What are the sanctions applied for discriminatory acts?

Discriminatory acts are sanctioned under administrative proceedings:

  • by a warning
  • by a fine ranging between RON 400 and RON 4 000, if the discrimination relates to an individual
  • by a fine ranging between RON 600 and RON 8 000, if the discrimination relates to a group of persons or a community.

The National Agency for Roma People (ANR)

Contact details:

202 Splaiul Independentei, 8th floor, room 23, Bucharest Sector 6
Phone No: +4 021 311.30.48
Fax: +4 021 311.30.47
Email: 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, the institution fulfils the following main tasks:

  • ensures the preparation of Government policy and strategy in the area of protection of the rights of the Roma minority, and of other tasks as provided for by legislative acts within its area of activity;
  • initiates and pursues training actions on the combating of discrimination of Roma people within the central and local public administration;
  • endorses draft laws and other legislative acts which are relevant for the rights and duties of persons belonging to the Roma minority;
  • monitors the application of the internal and international legislative acts concerning the protection of the Roma minority;
  • receives and reviews requests and referrals addressed by institutions, organisations or individuals and communicates the specialist opinion of the Agency;
  • develops an information, training and consulting system available to the Roma minority;
  • analyses and assesses the potentially discriminatory effects of current regulations and acts in order to improve the legal framework in place.

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

  • collaborates with the ministries and authorities of the central public administration, with the authorities of the local public administration, with other public institutions and with natural and legal persons;
  • collaborates with inter-governmental and non-governmental organisations in Romania and abroad;
  • the institution benefits from consultancy and assistance in Romania and abroad, and from training and advanced training programmes for its staff, within the limit of the budgetary funds allocated or of other sources lawfully obtained in Romania or abroad;
  • initiates, participates and promotes actions, projects and sectoral programmes together with the specialised non-governmental institutions and organisations in order to improve the condition of Roma people.

The Directorate-General for the Protection of People with disabilities

Head office address:

194 Calea Victoriei Street, Bucharest
Contact details: Phone No: +4 021-2125438; 021-2125439
Fax: +4 021- 2125443
Email: Link opens in new windowregistratura@anph.ro
Website: Link opens in new windowhttp://www.anph.ro/

Opening hours for the public:

Monday to Friday 9:00 – 16:00 (by phone) at 021-212.54.38 /39, extension 101

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

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

Legal basis:

The Directorate-General for the Protection of People with Disabilities (DGPPH) is a specialised directorate within the Ministry of Employment, the Family and Social Protection. DGPPH ensures the central coordination of activities relating to the special protection and the promotion of the rights of people with disabilities by preparing policies, strategies and standards for the promotion of the rights of people with disabilities, and ensuring follow-up on the application of the relevant rules.

The legislative acts providing for the rights of people with disabilities:

People with disabilities are covered by

  • Law No 448/2006 on the protection and promotion of the rights of people with disabilities.
  • Government Decision No 268/2007 approving the Detailed rules implementing the provisions of Law No 448/2006 on the protection and promotion of the rights of people with disabilities;

1. How to include someone in the category of people with disabilities requiring social protection?

The classification of children with disabilities by grade and type is carried out by the committee for child protection. The classification of adults with disabilities by grade and type is carried out by the assessment committee for adults with disabilities.

Disabilities are classified in terms of grade of handicap by issuing a classification certificate following the comprehensive assessment procedure carried out by the comprehensive assessment service of the Directorate-General for Social Assistance and Child Protection.

Information on the method of classification of disabilities by grade may be obtained from the Secretariat of the Assessment Committee by any interested individual or legal person. The standard application form for comprehensive assessment intended for the classification of disabilities by grade is completed in accordance with the model provided for by the law. The standard application form for comprehensive assessment may be obtained from the websites of the directorates-general for social assistance and child protection at county level or at local level (for the city districts (sectors) of Bucharest), hereinafter referred to as 'DGASPC', at the premises of DGASPC, the mayor's office in the locality of domicile or from other sources.

The documents required for the comprehensive assessment are the following:

a) the standard application form for comprehensive assessment, completed in accordance with the law;

b) a copy of the identity documents;

c) medical documents;

d) the social inquiry conducted by the specialised social service of the mayor's office that covers the area where the person with disabilities is domiciled or resident, in accordance with the model framework legal rules.

The medical documents referred to are:

a) the medical report for the current condition, prepared by a specialist doctor;

b) the standard doctor’s letter from the family doctor, drawn up in accordance with the model set out in the law, required only for the first appearance before the comprehensive assessment service;

c) non-clinical investigations requested by the comprehensive assessment service.

The standard application form for comprehensive assessment, accompanied by the required documents:

a) must be submitted by the applicant at the registry of the mayor's office in the locality of domicile/residence or at the DGASPC registry ;

b) in the case of persons requesting reassessment, must be submitted 30 days before the expiry of the validity period of the certificate for the classification of disabilities by grade;

c) must be transmitted to the comprehensive assessment service within five working days following its registration by the mayor's office, and within 24 hours following its registration by DGASPC.

The comprehensive assessment service checks and examines the file submitted by the applicant, which must include the required documents, and informs the person concerned within five working days of the date when the applicant should present themselves for assessment. In the case of an incomplete file, the service requests the necessary documents in order to complete the file.

The comprehensive assessment is carried out no later than 60 days following the date when the application and the documents were registered by the comprehensive assessment service.

In the case of persons unable to move, the comprehensive assessment will be carried out at the domicile/residence address of the person concerned, on the basis of the medical letter and the social inquiry.

The travel expenses incurred in travelling to the address of domicile/residence in order to carry out the comprehensive assessment are borne from the budget of DGASPC.

The Assessment Committee issues the certificate for the classification of disabilities by grade and type and prepares the individual programme for rehabilitation and social integration, in accordance with the law.

Where the outcome of the comprehensive assessment of a person is not consistent with the classification of the disability by grade, the assessment committee provides a justification for the rejection of that person’s application, in accordance with the law.

2. What are the conditions for entitlement to the rights provided for by law?

People with disabilities are entitled to the rights provided for by law, based on the classification of their disabilities by grade and commensurate with their grade of disability.

Under the law, the county and Bucharest sector Directorates-General for Social Assistance and Child Protection must take all steps in order to provide social assistance for the protection of people with disabilities. Personal assistants of people with serious disabilities are also employees of local authorities, i.e. the mayor's office, and their salaries are provided through transfers from the State budget to local budgets.

3. Under what conditions is one entitled to a personal assistant?

In order to be entitled to a personal assistant, a person with disabilities must be in possession of a certificate for classification by grade of disability, issued by the Committee for the Assessment of Adults with Disabilities, which must include the indication: 'entitled to a personal assistant'. A personal assistant to a person with disabilities is employed under the terms set out in the Labour Code.

4. I am dissatisfied with the assessment of the Assessment Committee. How can I object to the classification certificate issued by this committee?

The classification or the rejection of classification by disability grade and type is attested by a certificate issued by the assessment committees concerned. The issue of the certificate is exempt from stamp duty.

The certificate for classification by grade of disability may be contested within 30 days following its issue only before the Higher Committee for the Assessment of Adults with Disabilities. Failure to meet the deadline provided for by law results in the revocation of the right to contest the certificate. Objections are submitted to and registered at the Secretariat of the Assessment Committee that issued the document concerned, and the latter forwards the objection and the file of the person concerned to the Higher Committee within five working days.

Objections are settled by decisions issued by the Higher Committee within 45 working days following their registration.

5. I am dissatisfied with the decision of the Higher Assessment Committee. Where can I object to this decision?

The decision issued by the Higher Committee for the Assessment of Adults with Disabilities may be subject to an appeal lodged under Law No 554/2004 on administrative appeals, as subsequently amended and supplemented, and the claim lodged before the court is exempted from the legal stamp duty. Competence to hear the matter referred to court lies with the court of appeal in whose jurisdiction the person with disabilities is domiciled.

  • Data Protection Body

The National Supervisory Authority for Personal Data Processing (ANSPDCP)

Head office address:

32 Olari Street, Bucharest, Sector 2
Contact details: Phone No: +4021-252.54.44
Fax: +4021-252.57.57
Email: 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 between 10:00 and 13:00;
  • Information in the area of personal data protection may also be obtained by telephone No +4021-252.54.44 from Monday to Thursday between 9:00 and 11:00

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 movement of such data.

Objective:

to protect the fundamental rights and freedoms of individuals, in particular the right to intimacy, family and private life, in respect of the processing of personal data and of the free movement 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 (selection):

  • receives and analyses referrals concerning the processing of personal data;
  • authorises data processing in the situations referred to in the law;
  • is entitled to decide, where it finds any breach in the provisions of this law, the temporary suspension or ceasing of data processing, the partial or full deletion of the processed data, and to inform the criminal prosecution bodies thereof or to refer matters to court;
  • informs 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;
  • keeps and makes available to the public the register of personal data processing;
  • receives and settles complaints, referrals or applications lodged by individuals and communicates the delivered solution or, as applicable, the action taken;
  • carries out advance checks where the operator processes personal data which is likely to pose particular risks to people’s rights and freedoms;
  • conducts investigations on its own initiative or whenever complaints or referrals are received;
  • delivers 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, including public authorities and public administration bodies.

The procedure for the receipt and settlement of complaints, referrals, applications:

Persons whose personal data is processed may contact the supervisory authority in writing if they deem that their rights under Law No 677/2001 have been breached, provided that they have not previously referred any similar matter to court, but only after they have previously contacted the operator with regard to whom the complaint was lodged.

Possible models to be used by petitioners intending to lodge a complaint with ANSPDCP may be accessed Link opens in new windowhere.

  • Other specialised bodies

The Assigned Judge

Legal basis:

Law No 275 of 4 July 2006 on the enforcement of sentences and measures ordered by judicial bodies during criminal trial, as subsequently amended and supplemented, and Government Decision No 1897/2006 approving the Rules for the implementation of this law.

Presentation and role:

The delegated judges are magistrates in the Romanian court system. The judges are assigned on a yearly basis by the President of the Court of Appeal for every penitentiary located within the jurisdictional area of the court of appeal. The role of the judge assigned with overseeing the performance of custodial sentences is to supervise and control the assurance of legality in the enforcement of such sentences. The judge assigned for the penitentiary with jurisdiction over a detention and remand centre or over a remand centre shall also supervise and control the assurance of legality in the enforcement of preventive measures involving deprivation of liberty. At the same time, the judge ensures observance of the rights provided for by the law for persons serving custodial sentences.

Complaints:

a) A convicted person may lodge a complaint with regard to the terms of the sentence before the judge assigned with overseeing the performance of custodial sentences within three days following the date when that person was informed of the terms of the sentence (Article 25(2) of Law No 275/2006).

b) Persons convicted to serve custodial sentences may lodge a complaint with regard to the measures relating to the exercise of the rights provided for by the law taken by the penitentiary administration before the judge assigned with overseeing the performance of custodial sentences within 10 days following the date when those persons were informed of the measure taken (Article 38(2) of Law No 275/2006).

c) A convicted person may lodge a complaint with regard to the decision of the disciplinary committee to impose a disciplinary penalty before the judge assigned with overseeing the performance of custodial sentences within three days following the communication of the decision (Article 74(1) of Law No 275/2006).

d) Any person deprived of their liberty has the possibility to contact directly, in writing or verbally, the assigned judge (Article 50(3) of Government Decision No 1897/2006)


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 19/03/2013