BackIn recent weeks, a lasting crisis concerning the People's Advocate of Romania came to a head. Earlier this year, in May, the Romanian Parliament had taken the unprecedented and legally controversial step to reject the last three annual reports of the People’s Advocate. Subsequently, on 16 June, the Parliament voted to dismiss the incumbent, Ms Renate Weber, for alleged violations of the law.
This week, the Romanian Constitutional Court ruled on a challenge to this dismissal and found it to be unconstitutional. The Court emphasized the importance of clear legal criteria constituting grounds for dismissal as central to the independence of the People’s Advocate. This echoes the Principles on the Protection and Promotion of The Ombudsman Institution (“The Venice Principles”), which the Council of Europe’s Venice Commission adopted in 2019.
The IOI has been closely monitoring the situation regarding the Romanian People’s Advocate since threats to its independence first became apparent in the summer of 2020. In reaction to Ms Weber’s dismissal, IOI President Chris Field, Regional President Andreas Pottakis, and Secretary General Werner Amon voiced their concern about the situation in a statement which was sent to the presiding officers of the Romanian Senate and Chamber of Deputies.
This statement, without venturing to pass judgment on political developments wholly within the domestic sphere of Romania, stressed that “[a]ny dismissal of an Ombudsman not regulated by or without regard to clear criteria undermines the independence and impartiality of the Ombudsman Institution” and that “[t]he IOI cannot support any conduct which is not in line with international standards on Ombudsman Institutions such as the Venice Principles.”
The recent Constitutional Court Judgment further validates the importance of the values enshrined in the Venice Principles. The institution of the Ombudsman upholds the rule of law in its work to protect individuals from arbitrary power. However, these institutions themselves rely on clearly defined norms to guard their independence and efficiency. This central value must never be violated or subverted. Thus, the IOI will continue to be wary of threats to these norms in Romania and around the world.
Download the file below to read the original IOI statement concerning the dismissal of Ms Weber (issued before the Constitutional Court judgment).
