Specialised human rights bodies
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 http://portal.just.ro/SitePages/ghid.aspx, available in Romanian only).
The contact data for courts and other additional information are available on the Portalul instanțelor de judecată [Courts portal] (available in Romanian only).
Address of head office:
Strada Eugeniu Carada No 3 Sector 3Map: http://www.avp.ro/locatie.jpg
Head office contact details:
Dispatcher centre phone No: (+40) (0)21 3127134;
Switchboard: (+40) (0)21 3129462
E-mail: avp@avp.ro
Website: http://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:
Romanian Ombudsman Regional Offices
Overview of the institution (legal basis, presentation, organisation, tasks, complaints, procedures)
http://www.avp.ro/index.php?option=com_content&view=article&id=67&Itemid=161&lang=ro-ro
Model complaint form:
http://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:
Purpose of establishment and characteristics:
The Ombudsman’s deputies
The Ombudsman is assisted by deputies specialised in the following fields of activity:
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:
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:
4. Conditions for the acceptance and examination of a complaint
5. Cases in which a complaint cannot be considered:
6. Working methods for resolving complaints:
Address:
Bulevardul G-ral Gheorghe Magheru No 7 Sector 1 010322 BucharestContact 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: office@anpfdc.ro
Website: http://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):
http://www.copii.ro/despre-noi/misiune/,
http://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:
Address of head office:
Piata Valter Maracineanu Nos 1-3, Sector 1, 010155 BucharestPhone No: (+40) (0)21 3126578; (+40) (0)21 3126579
Fax: (+40) (0)21 3126585
E-mail: support@cncd.org.ro
Website: http://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:
http://www.cncd.org.ro/contact/
Overview of the institution (legal basis, presentation, organisation, tasks, complaints, procedures):
http://www.cncd.org.ro/ ,
http://www.cncd.org.ro/profil/,
http://www.cncd.org.ro/organizare/
Legal basis:
The National Council for Combating Discrimination operates under Government 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:
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?
Contact details:
Str. Splaiul Independentei No 202, 8th floor, room 23, Sector 6, BucharestTel.: (+40) (0)21 3113048
Fax: (+40) (0)21 3113047
E-mail: info@anr.gov.ro.
Website: http://www.anr.gov.ro/
Contact details of regional and county offices:
http://www.anr.gov.ro/index.php/contact
Overview of the institution (mission, structure, results):
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:
In the exercise of its functions, the National Agency for Roma People:
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: registratura@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):
http://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:
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: anspdcp@dataprotection.ro
Website: http://www.dataprotection.ro/
Opening hours for the public:
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):
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.
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:
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).
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: igi@mai.gov.ro and document.igi@mai.gov.ro - address intended exclusively for transmission of copy of identity card
Addresses of various directorates of the General Inspectorate for Immigration:
http://igi.mai.gov.ro/contact/bucure%C8%99ti
Regional units of the General Inspectorate for Immigration:
http://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 website of the institution.
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: comunicare@inspectiamuncii.ro
E-mail address for sending copy of identity card: copiedoc@inspectiamuncii.ro
Website: https://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:
The following are subordinate to the Labour Inspectorate:
Information regarding complaints that may be submitted to the Labour Inspectorate can be found on the website of the institution.
Information of public interest is available on the website of the institution.
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: https://www.anofm.ro/index.html?agentie=ANOFM&page=0
E-mail: anofm@anofm.ro
Information regarding the websites of the National Employment Agency's county branches can be found on the website 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:
More information is available on the website of the institution.
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: office@anpm.ro
Website: http://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 Government 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:
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 office@anpm.ro.
Anonymous complaints or complaints not containing identification details are not taken into account and are closed.
Address:
Bulevardul Aviatorilor No 72, Sector 1, 011865 Bucharest
E-mail: cabinet@anpc.ro
Opening hours:
Monday to Thursday: 8:00 am - 4:30 pm
Friday: 8:00 am - 2:00 pm
Legal basis:
The tasks of the ANPC include:
A full list of the ANPC's duties is set out on the website 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 INFO Complaints, where you can consult the procedure for submitting complaints and the 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 webpage.
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.
Address:
Calea Călărașilor No 248, Bl. S19, Sector 3, 030634, Bucharest
Website: http://www.cnas.ro/
E-mail: relpubl1@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:
Objectives:
To develop and maintain a social health insurance system in which insured persons' rights are respected and their needs met.
General objectives:
Specific objectives:
Address of head office:
Str. Stavropoleos No 6, Sector 3, 030084 Bucharest
Tel.: (+40) (0)21-3100824
Website: http://www.roaep.ro/prezentare/
E-mail: comunicare@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:
Objectives:
Functions (the list is not exhaustive):
Information on other functions can be accessed here.
Tasks (the list is not exhaustive):
Information on other tasks can be accessed here.
Address:
B-dul Nicolae Bălcescu No 21, Sector 1, Bucharest
Tel.: (+40) (0)21-3114921
Website: http://www.irdo.ro/
E-mail office@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:
Additional information on the IRDO can be accessed on the website of the institution.
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