The romanian Ombudsman?s role in keeping checks and balances in the framework of the separation of powers

• Author: Emil Balan - Gabriela Varia
• Position: University Professor Ph.D., Vice-Rector of the National School of Political Studies and Public Administration, Faculty of Public Administration, Bucharest - University Assistant Ph.D., National School of Political Studies and Public Administration, Faculty of Public Administration, Bucharest
• Pages: 1-7

THE ROMANIAN OMBUDSMAN’S ROLE IN KEEPING CHECKS AND

BALANCES IN THE FRAMEWORK OF THE SEPARATION OF

POWERS

Emil Bălan

*

Gabriela Varia

**

Abstract

Having as a starting point the status of autonomous public authority that is accorded

to the Romanian Ombudsman and its involvement in conflicts brought in front of the

Romanian Constitutional Court, the present paper aims at identifying the possible role the

institution may have in providing redress for citizens in their relation to public authorities.

Key words: ombudsman, separation of powers, good administration

Introduction

As years passed, the Romanian Ombudsman arrogates himself – like similar

institutions from other countries – an increased role in analyzing problems concerning

conflicts that may appear between different institutions, but also between society and public

authorities.

Our study is conducted in the larger framework of the research project “The right to

a good administration and its impact on public administration’s procedures”, (code ID

698/2007) financed by the Romanian National University Research Council (C.N.C.S.I.S.).

Considerations Concerning the Evolution of the Separation of Powers

The State is organized according to the principle of separation and balance of the

legislative, executive and judicial powers within the system of constitutional democracy. The

question of the separation of powers within the State, as we know it today, was for the first

time formulated by the English philosopher John Locke (1632-1704). In order not to permit

the transformation of the basis of the state – the social contract – from an act based on the

free and equal wills into an act that bases itself only on submission, John Locke tried to

develop a theory of the refrains and counter-weights between the State’s forces. Thus, he

showed that the temptation to take all the power would be to large if the same persons’ that

could make laws would have into their hands also the power to put them into execution,

because they might be pilfering the laws they are making.

1

His ideas represented a great importance for the history of the political doctrine and

became sources of inspiration for Charles de Secondat, baron of Montesquieu (1689-1755),

who revived and elaborated further on the problem of the separation of powers. In

Montesquieu’s opinion, in the framework of the State it exist three different powers:

legislative, executive and judicial power, powers that are given to some organs which are

independent one from another. Thus, Montesquieu considered that when, in the hand of the

same person or of the same body of statesman there are unites the legislative power and the

*

University Professor Ph.D., Vice-Rector of the National School of Political Studies and Public Administration,

Faculty of Public Administration, Bucharest, email: emil_balan2005@yahoo.fr

**

University Assistant Ph.D., National School of Political Studies and Public Administration, Faculty of Public

Administration, Bucharest, email: gabrielavaria@snspa.ro

1

Cited by Paul Negulescu, Curs de Drept constituıional român, editat de Al. Th. Doicescu, Bucuresti, 1927,

p.299.