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CHAPTER VIII
THE SERVICE FOR CONSTITUTIONAL LITIGATION, APPEAL IN
THE INTEREST OF THE LAW, ADMINISTRATIVE AND LEGAL
LITIGATION, LEGAL AFFAIRS, EXTERNAL RELATIONS AND
COMMUNICATION
The service for constitutional litigation, appeal in the interest of the law,
administrative and legal litigation, legal affairs, external relations and communication
carries out its activity in the direct subordination of the Ombudsperson, being composed
of three structures, with well delimited duties: the bureau for constitutional litigation
and the appeal in the interest the law, the bureau for administrative and legal litigation
and the bureau for legal affairs, external relations and communication.
Section 1. The activity of the Bureau for constitutional litigation and appeal in the
interest of the law
The role of the Bureau for constitutional litigation and appeal in the interest of the law
is determined by the accomplishment of the People's Advocate's duties as a defender of
the rights and freedoms of the people, through the constitutionality control of the laws
and ordinances, as well as the unification of the judicial practice throughout the country,
establishing direct relations between the People's Advocate and the Constitutional Court, the
High Court of Cassation and Justice and the other courts.
1.1.
Direct referral of the Constitutional Court
For 2019, there is an increase in the number of exceptions of unconstitutionality
raised directly by the People's Advocate, the activity of the Bureau for constitutional
litigation and appeal in the interest of the law totaling a number of 12 direct notifications
addressed to the Constitutional Court, whose purpose is both to protect the rights and
freedoms guaranteed at constitutional and legal level, as well as the observance of the
Constitution in the process of adoption of normative acts, as follows:
a) Protection of vulnerable categories (pupils, students, persons with disabilities,
pensioners) and citizens living in rural areas, materialized in challenging the legislative
solution by which the paid public transport of persons at county level was eliminated from the
sphere of public services, regulated by the Government Emergency Ordinance no. 51/2019
for the modification and completion of some normative acts in the field of passenger transport;
By Decision no. 785/2019, the exception of unconstitutionality was rejected as
inadmissible. Until the date of this report, the decision has not been published in the Official
Gazette of Romania.
b) The Government's failure to comply with the constitutional requirements and the
jurisprudence of the Constitutional Court, regarding the adoption of emergency ordinances,
by issuing the Government Emergency Ordinance no. 57/2019 on the Administrative Code;
c) Defending the rights of persons with disabilities, by challenging the Government
Emergency Ordinance no. 60/2017, normative act by which occurred a drastic limitation of
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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