Law No. 35 Of 13 March 1997 Concerning The Organisation And Functioning Of The Ombudsman Institution

Original Language Title:  LEGE nr. 35 din 13 martie 1997 privind organizarea şi funcţionarea instituţiei Avocatul Poporului

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Law No. 35 of 13 March 1997 (republished * *) (* updated *) on the Organization and functioning of the advocate of the people institution *) (updated until 9 January 2015 *)-PARLIAMENT ISSUING — — — — — — — — — — — — — — — — — *) Republished pursuant to art. 107 para. (3) of law No. 255/2013 for the implementation of law No. 135/2010 regarding the criminal procedure code and the modification and completion of some legislative acts containing the provisions of the criminal procedure law, published in Official Gazette of Romania, part I, no. 515 of 14 august 2013, with subsequent amendments, posing a new texts.
Law No. 35/1997 was republished in the Official Gazette of Romania, part I, no. 844 of 15 September 2004 and has been amended and supplemented by:-Law No. 383/2007 modifying and completing art. 36 of the law nr. 35/1997 concerning the organisation and functioning of the Ombudsman institution, as published in the Official Gazette of Romania, part I, no. 900 dated December 28, 2007;
-Law No. 258/2010 modifying and completing law No. 35/1997 concerning the organisation and functioning of the Ombudsman institution, as published in the Official Gazette of Romania, part I, no. 847 of 17 December 2010.


Chapter I General provisions Article 1 (1) the Ombudsman aims to protect the rights and freedoms of individuals in their relations with public authorities.
  

(2) the headquarters of the institution of the Ombudsman is in the municipality of Bucharest.
  


Article 2 (1) the Ombudsman is autonomous and independent public authority against any public authority, in accordance with the law.
  

(1 ^ 1) The institution of the Ombudsman, through the field of the prevention of torture and other punishments times cruel, inhuman or degrading treatment in places of detention, referred to as the area of the prevention of torture in places of detention, meets specific attributions of the national Mechanism for the prevention of torture in places of detention within the meaning of the Optional Protocol, adopted at New York on 18 December 2002, the Convention against torture and other cruel punishments times inhuman or degrading treatment or punishment, adopted at New York on 10 December 1984, ratified by law No. 109/2009, hereinafter referred to as the Optional Protocol.
— — — — — — — — — —-. (1 ^ 1), art. 2 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(2) in the exercise of his duties, the Ombudsman does not replace public authorities.
  

(3) the Ombudsman may not be subjected to any imperative mandate or representative. No one can compel the Ombudsman to obey instructions or its provisions.
  


Article 3 (1) of the Ombudsman's Activity, his deputies and employees working under their authority has a public character.
  

(2) at the request of persons harmed in their rights and freedoms or due to serious reasons, the Ombudsman may decide on the confidential nature of his business.
  


Article 4 the public authorities are obliged to communicate or, where appropriate, to make available to the institution of the Ombudsman, in accordance with the law, the information, documents or instruments they hold in relation to petitions that have been addressed to the institution of the Ombudsman, as well as those relating to complaints on its own initiative and unannounced visits or advertised that it performs for the performance of specific national mechanism to prevent torture in places of detention , giving him support for the exercise of his powers.
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Art. 4 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 5 (1) the Ombudsman shall, in a joint sitting of the two houses of Parliament, reports annually or upon request. The reports shall include information on the work of the Ombudsman institution. They may contain recommendations for amendments to legislation or other measures to protect the rights and freedoms of individuals.
  

(2) the annual report shall relate to the activity of the institution on a calendar year and shall be submitted to Parliament no later than February 1 of the following year, with a view to its debate in a joint sitting of the two chambers. The annual report giving a public.
  


Chapter II Mandate of the Ombudsman in article 6 (1) the Ombudsman shall be appointed for a period of 5 years by the Chamber of Deputies and the Senate, in joint sitting. The Ombudsman's mandate can be renewed once.
  

(2) may be named Ombudsman any Romanian citizen who satisfies the conditions laid down for the appointment of judges to the Constitutional Court.
  


Article 7 (1) proposals for the candidates to make the permanent offices of the Chamber of Deputies and the Senate, on the recommendation of the parliamentary groups of the two chambers of Parliament.
  

(2) candidates shall be heard by the body in the Chamber of Deputies and the Senate. The purpose of the hearing, each candidate will make the acts resulting from the fulfilment of the conditions laid down by the Constitution and this law to be named Ombudsman. The candidates will be present at the debates.
  

(3) is called as Ombudsman the candidate who obtains the highest number of votes of the deputies and senators present.
  


Article 8 (1) the term of Office of the Ombudsman shall be exercised as from the date of submission, in front of the Presidents of the two chambers of Parliament, the following oath: "I swear to respect the Constitution and laws of the country and to defend the rights and freedoms of citizens, and depended on me with good faith and fairness duties of the Ombudsman. So help me God! "

(2) the oath may be filed and without religious formula.
  

(3) the refusal of the oath prevents the entry into Office of the Ombudsman and opens the procedure for the appointment of another person.
  

(4) the Ombudsman's Mandate lasts until the oath-taking of the new Ombudsman.
  


Article 9 (1) of the Ombudsman's mandate is terminated ahead of schedule in the event of resignation, revocation, incompatibility with other public or private functions, unable to fulfill the duties of more than 90 days, observed through medical examination, or in case of death.
  

(2) the revocation of the Ombudsman, as a result of the breach of the Constitution and laws, shall be made by the Chamber of Deputies and the Senate, in joint sitting, by a majority vote of Deputies and senators present at the initiative of the permanent offices of the two chambers of Parliament, on the basis of the joint report of the two committees of the houses of Parliament.
  

(3) the resignation, incompatibility, failure of the tool or the death is found by the permanent offices of the two chambers of Parliament, no later than 10 days after the occurrence of the cause which determines the ceasing of the Ombudsman.
  

(4) the Ombudsman, satisfying the conditions laid down for the appointment of judges to the Constitutional Court, on the date of retirement or pension recalculation of previously established, receive a retirement pension calculated similar to that of the judges of the Constitutional Court.
  

(5) the period for the performance of the function of the Ombudsman constitutes the judiciary and the legal specialty.
  

— — — — — — — — — —-. (5) article. 9 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Chapter III article 10 Deputies of the Ombudsman (1) the Ombudsman shall be assisted by deputies specializing in the following areas of activity: a) human rights, equal opportunities between men and women, religious and national minorities;
  

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

c) army, justice, police, prisons;
  

d) ownership, employment, social welfare, taxes and fees.
  

e) torture and other punishments times cruel, inhuman or degrading treatment in places of detention.
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Lit. s) para. (1) of article 1. 10 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(2) the advocate of the people they meet both their tasks according to the field of specialization, as well as any other duties entrusted to them by the Ombudsman.
  

(3) the advocate of the people they meet, in the order established by the Ombudsman, its duties in the event of temporary impossibility to exercise the function.
  


Article 11 (1) the advocate of the people shall be appointed for a period of 5 years by the permanent offices of the Chamber of Deputies and the Senate at the recommendation of the Ombudsman, with the opinion of the legal committees of the two chambers of Parliament. Conditions for deputy commanders of the Ombudsman shall be established by the rules of organization and functioning of the Ombudsman institution.
  

(2) the position of Deputy Ombudsman shall be the function of the Secretary of State.
  


(3) the mandate of the deputies of the Ombudsman shall be exercised as from the date of submission, in front of the Ombudsman and a member of the permanent offices of the Chamber of Deputies and Senate, empowered for this purpose, the following oath: "I swear to respect the Constitution and laws of the country and to defend the rights and freedoms of citizens, and depended on me with good faith and fairness duties of Deputy Ombudsman. So help me God! "
  

(4) the oath may be filed and without religious formula.
  

(5) the refusal of the oath prevents entry of Deputy Ombudsman and opens the procedure for the appointment of another person.
  

(6) the term of office lasts until taking the oath by new Deputy Ombudsman and may be renewed once.
  

(7) the period for the performance of the function of Deputy Ombudsman by graduates of the faculties of the judiciary constitute legal. The period of Office of the Deputy Ombudsman for the graduates of faculties with different profile than the judiciary constitute specialty studies completed.
  

(8) the resignation, incompatibility, the impossibility of carrying out the function or the death is found by the Ombudsman, and shall be communicated to the offices of the Chamber of Deputies and Senate, not later than 30 days after the occurrence of the case which causes termination Assistant Supervisor. Pending the appointment of a new Assistant, his duties will be delegated, by order of the Ombudsman, a person in the context of specialized personnel.
  

(9) the appointment of the Ombudsman's deputies shall be published in the Official Gazette of Romania, part I.
  


Article 12 the advocate of the people shall satisfy the following duties: a) coordinates the activity in the field of their activity;
  

b) informs the Ombudsman concerning work in their field of activity;
  

c) distributes their petitions within the fields of activity;
  

d) advises, recommendations, reports and any other documents submitted for approval to the Ombudsman;
  

e) fulfil, in order of the Ombudsman, its duties in the event of temporary impossibility of tenure;
  

(f) any other duties) shall meet the established by the Ombudsman, within the limits of the law.
  


Chapter IV the Ombudsman Duties Article 13 (1) the Ombudsman shall have the following duties: a) coordinates the activity of the Ombudsman institution;
  

the ^ 1) coordinates the activity of prevention of torture in places of detention carried out by the field of prevention of torture in places of detention;
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Lit. the ^ 1) para. (1) of article 1. 13 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.
a ^ 2) approve business reports prepared within the framework of the prevention of torture;
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Lit. the ^ 2) of para. (1) of article 1. 13 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.
a ^ 3) approves recommendations that accompany business reports prepared in cases where, as a result of visits made are seised of irregularities;
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Lit. the ^ 3), para. (1) of article 1. 13 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

b) decide the petitions brought by individuals harmed by the violation of their rights or freedoms by the public administration authorities;
  

c) check the activity of solving legal petitions received and calls for public administration authorities or officials concerned infringements of rights and freedoms of natural persons, reinstatement of rights of the petitioner and the repair of damages;
  

d) formulates ways, at the request of the Constitutional Court;
  

e) refer the matter to the Constitutional Court regarding the unconstitutionality of laws, before promulgation thereof;
  

f) refer directly to the Constitutional Court with the exception of unconstitutionality of laws and ordinances;
  

g) means the Ombudsman institution in front of the Chamber of Deputies, the Senate and other public authorities, as well as in dealing with individuals or legal entities;
  

h) engages the Ombudsman institution and employees exercise their right of disciplinary authority over them;
  

I) he is the originator, the powers which it may delegate in compliance with legal provisions relating to public finances;
  

j) refer the administrative court according to the law on administrative courts;
  

k) meets other duties prescribed by law.
  

(2) the Ombudsman may delegate the exercise of these duties to his deputies or persons with leadership positions within the institution.
  


Article 14 (1) the Ombudsman exercises his powers ex officio or at the request of individuals, firms regulated by law No. 31/1990, republished, with subsequent amendments and additions, associations or other legal entities, as well as unannounced visits by performing in places of detention, according to the law.
— — — — — — — — — —-. (1) of article 1. 14 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(2) Petitions may be addressed by the persons referred to in paragraph 1. (1) without distinction of nationality, age, gender, political affiliation or religious beliefs.
  


Article 15 (1) Petitions addressed to the Ombudsman institution should be made in writing and should indicate the name and domicile of the person harmed in its rights and liberties, rights and freedoms violated by administrative authority, as well as the public officer in question times. The petitioner must prove delay or refusal to settle public administration legal petition.
  

(2) may not be taken into consideration, and anonymous petitions with petitions against the infringement of the rights and freedoms of individuals through acts or acts of public administration authority shall be addressed to the institution of the Ombudsman not later than one year from the date on which such violation occurred or from the date on which the person concerned became aware of them.
  

(2 ^ 1) Citizens belonging to national minorities, with domicile or residence in the administrative-territorial unit in which they have a share of over 20% of the number of inhabitants, may present petitions in mother tongue and answered in Romanian language and the mother tongue.
— — — — — — — — — —-. (2 ^ 1), art. 15 was introduced by point 7 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(3) the Ombudsman may reject petitions motivated groundless or may require additional data for analysing and solving petitions.
  

(4) not covered by the work of the Ombudsman institution and will be rejected without motivation Petitions acts issued by the Chamber of Deputies, the Senate or Parliament, acts and deeds of the deputies and senators, the President of the Constitutional Court, the President of the Legislative Council, the judicial authority, as well as of the Government, with the exception of laws and ordinances.
  


Article 16 Petitions addressed to the institution of the Ombudsman are exempt from stamp duty.


Article 17 (1) prison, Leadership of the juvenile rehabilitation centres, prisons, hospitals and the Public Ministry and the police are obliged to permit, without any restriction, which runs the jail, or, where appropriate, is arrested, and the times retained minors in re-education centres to address in any manner, the institution of the Ombudsman with regard to the breach of their rights and freedoms with the exception of restrângerilor.
  

(2) the same obligation and the commanders of military units, in respect of persons fulfilling military duties, with respect to the breach of their rights and freedoms, except restrângerilor.
  


Article 17 ^ 1 (1) Leadership places of detention set out in art. 29 ^ 2 is required to allow, without any restriction, to persons who are deprived of their liberty on the basis of a decision of an authority, to address, in any manner, the institution of the Ombudsman with regard to the breach of their rights and freedoms, except restrângerilor.
  

(2) for the purpose of carrying out the duties incumbent upon the institution of the Ombudsman, the administration of places of detention. 29 ^ 2 is obliged to provide access to the Ombudsman, the Deputy from the area of the prevention of torture in places of detention, as well as representatives of the institution, without restriction, in all places of detention were subject to monitoring, for visits, announced or unannounced, and surveys in the settling of petitions received.
  

(3) Petitions regarding acts of torture, the treatments with cruelty, inhuman or degrading treatment in places of detention is, according to resolves issues referred to it by the field of the prevention of torture in places of detention in conjunction with other structures of the institution of Ombudsman.
  

(4) the provisions of this law shall be available to persons deprived of liberty, in the Romanian language or in a language they understand, immediately after receipt in places of detention.
  

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Art. 17 ^ 1 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 18 if the Ombudsman finds that the petition with which was referred to the competence of the judicial authority, may apply, where appropriate, the Minister of Justice, the Superior Council of Magistracy of the Public Prosecutor or the President of the Court, which is obliged to communicate the measures taken.


Article 19 if the referral regarding unconstitutionality plea of laws and ordinances that relate to the rights and freedoms of natural persons, the Constitutional Court will request the views of the Ombudsman institution.


Article 20 (1) the Ombudsman and his/her deputies shall have access, in accordance with the law, to classified information held by public authorities, to the extent it deems necessary to resolve inquiries and they have been addressed, as well as referrals from the Office and announced visits or unannounced that they perform for the performance of specific national mechanism to prevent torture in places of detention.
  

— — — — — — — — — —-. (1) of article 1. 20 was modified by point 9 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(2) the Ombudsman shall not disclose or make public classified documents or information to which he had access. This obligation shall continue after termination of its activity and that the Ombudsman and his deputies shall be extended to the staff of its services, located in under the sanction provided for in the criminal law.
  


Article 21 (1) in the exercise of his duties, the Ombudsman shall issue recommendations.
  

(2) Through recommendations issued, the Ombudsman notifies the authorities of public administration over the legality of administrative acts or facts. Shall be treated as administrative silence and public administration bodies issuing late documents.
  

(3) the Ombudsman's recommendations in the field of prevention of torture in places of detention issued in case of finding irregularities aimed at their elimination, improved treatment and conditions of detention of persons deprived of liberty, the prevention of torture and punishment of inhuman or degrading treatment times.
  

— — — — — — — — — —-. (3) art. 21 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 22 (1) the Ombudsman, his deputies and the expert staff of the Ombudsman institution have the right to make its own inquiries, request the public administration authorities any information or documents necessary for the inquiry to hear and take statements from leaders of public administration authorities and of any official who can give you the information needed to settle the petition under this law.
  

(2) the provisions of paragraphs 1 and 2. (1) apply to public authorities, public institutions, as well as any public service under the authority of public administration authorities.
  


Article 23 (1) where, after examining the petitions received, it appears that the injured individual petition is well founded, the Ombudsman will address public administration authority in writing that he has violated the rights of a physical person and will be asked to reform or to revoke the administrative act and to repair the damage, as well as products to restore injured natural person in the previous situation.
  

(2) public authorities concerned shall take the necessary measures immediately to remove the irregularities found, repair damage and removal of the causes which have led to violation of rights or favored the person harmed and will inform the Ombudsman.
  


Article 24 (1) where the authority or public official public administration do not, within 30 days from the date of referral, the crimes committed, the Ombudsman institution is addressed to the hierarchically superior public authorities which are obliged to notify, within a maximum period of 45 days, the measures taken.
  

(2) If the public officer or public authority belongs to the local government Ombudsman, is addressed to the prefect. From the date of referral to the County prefect to a new period of 45 days.
  


Article 25 (1) the Ombudsman shall be entitled to refer the matter to the Government with respect to any act or fact of illegal administrative central public administration and the school prefects.
  

(2) the Government Adopt, within a period of not more than 20 days, the measures concerning the illegality of administrative acts or facts raised by the Ombudsman shall be communicated to Parliament.
  


Article 26 (1) the Ombudsman shall bring to the attention of the person who has sent the petition how to solve. It can be made public by the Ombudsman through the mass media, with the consent of the person or persons concerned and in compliance with the provisions of art. 20 information and classified documents.
  

(2) if the Ombudsman finds, on the occasion of his research, gaps in legislation or in serious cases of corruption can lead to failure times country, will submit a report containing the findings, the Presidents of two houses of Parliament or, where appropriate, to the Prime Minister.
  


Article 27 the Ombudsman may be consulted by the initiators of draft laws and ordinances, which, through the content of the regulations, relating to the rights and freedoms of citizens, as provided for by the Constitution of Romania, the Covenants and other international treaties regarding fundamental human rights to which Romania is a party.


Article 28 the provisions of this law shall apply to the administrative provisions of autonomous public corporations.


Article 29 (1) the Ombudsman shall organize the territorial offices, in order to accomplish the duties devolving upon it, according to this law, in accordance with the annex which forms an integral part of this law. The Presidents of the county councils and the mayors will provide the necessary premises for the operation of territorial offices.
  

(1 ^ 1) Territorial offices of the Ombudsman institution in which they are established or operating activities of the audience in the territorial-administrative units in which citizens belonging to national minorities have the weight of more than 20% of the number of inhabitants and the language of the national minorities concerned, in writing and orally, in dealing with petitioners.
— — — — — — — — — —-. (1 ^ 1), art. 29 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(2) the reasons on which the Ombudsman will be able to establish the territorial Office in another city than the county town, out of the reach of the Court of appeal.
  


Chapter IV ^ 1 activity on preventing torture in detention — — — — — — — — — —-head. IV ^ 1 was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 1 Ombudsman is the only national structure designated to exercise the powers provided for in the Optional Protocol, adopted at New York on 18 December 2002, the Convention against torture and other punishments times cruel, inhuman or degrading treatment, adopted at New York on 10 December 1984, ratified by law No. 109/2009.

(2) for the purposes of this Act, through the Subcommittee on Prevention shall mean the Subcommittee on prevention of torture and punishment of inhuman or degrading treatment times, established by the Optional Protocol.
  

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Art. 29 ^ 1 was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 2 (1) within the meaning of this law through detention place shall mean any place where persons are deprived of liberty on the basis of a decision of an authority, at its request, or with the express consent of its tacit times.
  

(2) deprivation of liberty means any form of detention or imprisonment of a person placing times in a public or private place of detention that cannot leave its own decision of any judicial, administrative or other.
  

(3) for the purposes of this law, are places of detention or, where appropriate, places where the Ombudsman exercises his powers concerning the prevention of torture following: prisons, including prisons)-hospital;
  

(b) educational centers), detention centres;
  

(c) detention centres) and preventive arrest;
  

d-type residential services) for minors who have committed criminal offences and criminally unresponsive;
  

e) psychiatric hospitals and for safety measures, psychiatric hospitals;
  

f) transit centres;
  

g) accommodation centres for foreigners taken into custody under the public, and the administration of the General Inspectorate for immigration;
  

(h) special reception centres) and accommodation of asylum seekers placed in subordination to the General Inspectorate for immigration, having regard to the legal regime of the transit area;
  

I) centres in providing support services for drug users in closed regime;
  

j) any other place which satisfies the conditions laid down in paragraph 1. (1) or is part of the health care system or the social assistance system.
  


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Art. 29 ^ 2 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Section 2 of the prevention of torture regarding Domain Powers in detention — — — — — — — — — —-sec. 2 was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 3 on the prevention of torture in places of detention regularly monitors the treatment of persons in places of detention in order to strengthen their protection against torture and punishment and inhuman or degrading treatment and exercise without discrimination of the rights and fundamental freedoms, by: a) announced or unannounced visits to places of detention in order to verify the conditions of detention and treatment of persons deprived of liberty;
  

b) formulating recommendations of places of detention visited following visits carried out;
  

(c) formulating proposals) amending and supplementing legislation in this area or observations concerning existing legislative initiatives in this area, pursuant to article. 27;
  

d preparation of project component part) concerning the prevention of torture of the annual report of the Ombudsman;
  

e) formulating proposals and comments concerning the drafting, modification and completion strategies and public policies in the field of prevention of torture and inhuman or degrading treatment or punishment, in accordance with the law;
  

f) liaising with the Subcommittee on prevention;
  

g) analysis, implementation, monitoring and evaluation, under the direction of the Ombudsman, the international programmes of technical and financial assistance for the attainment of the Scope concerning the prevention of torture in places of detention;
  

h) coordinate organizing information campaigns, educational and training aimed at preventing torture and punishments or treatments applied to cruel, inhuman or degrading treatment or punishment;
  

(I) any other duties) meets the established by the Ombudsman, within the limits of the law.
  

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Art. 29 ^ 3 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Section 3-activity for the prevention of torture and cruel, inhuman and degrading treatment or punishment in the context of places of detention — — — — — — — — — —-sec. the 3rd was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 4 Field concerning the prevention of torture in places of detention is organized in Central and territorial structure structure.
  

(2) the structure of the central area and the center of Bucharest. Territorial structure consists of 3 zonal.
  

(3) the Ombudsman shall determine by order the places where there are zonal centers and counties falling within the scope of their competence, as well as the criteria for the selection of staff in the field concerning the prevention of torture in places of detention.
  

(4) The activity for the prevention of torture will be attended by representatives of non-governmental organizations active in the field of human rights protection, selected on the basis of the activity, by the Ombudsman.
  

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Art. 29 ^ 4 was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 5 For activities relating to the prevention of torture Domain in places of detention, to the central structure are co-opted and external collaborators from other specialties than those hired permanently, under contracts for services. External collaborators are selected by the Ombudsman on the basis of proposals received from Romania, College of physicians College of psychologists, sociologists from Romania Romania, National College of social workers or other professional associations to which they belong.
  

(2) the period for the performance of duties, the external collaborators are subject to the duties of the staff of the institution in terms of keeping the confidentiality of the work of the other rules of internal discipline of the institution.
  

(3) specific activities relating to the prevention of torture in detention, members of visiting teams are independent.
  

(4) in addition to the Deputy Ombudsman, for the prevention of torture in places of detention, within the central structure of the industry, including zonal Centre Bucharest, operates a number of 11 employees, of which: 4 employees run specialized personnel with legal studies, 3 specialists-doctors, psychologists, social workers, sociologists or any other profession for specific activity and 4 employees personal finance , payroll, human resources and administration.
  

— — — — — — — — —-. (4) article. 29 ^ 5 was introduced by section 1 of article. in accordance with law No. 181 of 29 December 1986 published in MONITORUL OFICIAL nr. 6 of 6 January 2015 to supplement point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.
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Art. 29 ^ 5 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 6 For activities relating to the prevention of torture Domain in places of detention, to the territorial structure, are co-opted and external collaborators from other specialties than those hired permanently, under contracts for services. External collaborators at territorial level are selected by the Ombudsman on the basis of proposals received from Romania, College of physicians College of psychologists, sociologists from Romania Romania, National College of social workers or other professional associations to which they belong.
  

(2) the provisions of article 4. 29 ^ 5 para. (3) shall apply accordingly to the level of external collaborators structure were enrolled.
  

(3) within the three zonal structure of territorial Scope regarding the prevention of torture in places of detention carries a number of 12 employees. Each regional center has constructed: a hired expert execution of legal studies, 2 specialists, psychologists and doctors, social workers, sociologists or any other profession for specific activity and an employee-administrative staff.
  

— — — — — — — — —-. (3) art. 29 ^ 6 was introduced by section 1 of article. in accordance with law No. 181 of 29 December 1986 published in MONITORUL OFICIAL nr. 6 of 6 January 2015 to supplement point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.
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Art. 29 ^ 6 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Section 4-to Conduct visits to places of detention — — — — — — — — — —-sec. 4 was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 7 Enterprise Teams carrying out unannounced visits to places or announced detention falling within the scope of this law.
  

(2) visiting Team has in its composition at least a doctor, according to the specialization required, and a representative of the non-governmental organisations referred to in article 1. 29 ^. 4. (3) Visits are carried out ex officio, on the basis of an annual plan of sightseeing, proposed by Deputy Ombudsman for the prevention of torture in places of detention and endorsed by Ombudsman times unannounced or referral to anyone or taking any way acknowledges the existence of a situation of torture cruel treatments applied times inhuman or degrading treatment or punishment, in the form of a place of detention.
  

(4) in order to prepare an annual plan of enterprise are taken into account at least the following criteria: (a) the types of places of detention);
  

b) geographical distribution of detention places;
  

c) determination of appeals received cases of torture, cruel treatments times inhuman or degrading treatment;
  

d) vulnerability known certain types of places of detention;
  

e) previous reports concerning the prevention of torture in places of detention and other areas of work within the institution.
  

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Art. 29 ^ 7 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 8 visited Institutions are obliged to make available to the visiting team's representatives, in accordance with the law, before, during or after the visit, any document or information which is at their disposal or which they can procure required by them in fulfilment of legal duties.
  

(2) directing the detention places visited is obligated to provide assistance and to meet with the visiting team members to achieve the purpose of the visit.
  

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Art. 29 ^ 8 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 9


(1) For the fulfilment of legal duties, visiting team members may have met in private with any person's privacy, freedom within the institution visited.
  

(2) at the request of visiting team members, visited institution is obliged to provide a suitable place for the holding of the meeting.
  

(3) the meetings shall take place only with the consent of the person deprived of liberty or its legal representative and shall be confidential.
  

(4) may not participate in the meeting as representatives of their place of detention than at the specific request of the members of the visiting team and solely for the purpose of ensuring their protection. In this case, the place of detention will provide only Visual surveillance, respecting the confidentiality of the meeting.
  

(5) the names and other personal data of the person interviewed may not be made public except with the prior written consent of the Commission or of the legal representative thereof.
  

(6) to conduct meetings with people who do not understand or do not speak the Romanian language will ensure the presence of an interpreter, interpretation costs being borne out of funds allocated for the prevention of torture Domain activity in places of detention.
  

(7) the visitation team members can request meetings with any other person about whom that can provide relevant information, with the consent of that person.
  

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Art. 29 ^ 9 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 10 no person may not be held liable for information provided by visiting team members.
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Art. 29 ^ 10 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 11 Findings resulting from the visits are contained in a report of the visit that, where irregularities are seized, shall be accompanied by a reasoned recommendations in order to improve the treatment and the conditions of persons deprived of their liberty and to prevent torture and inhuman punishments or degrading treatment times.
  

(2) the report shall be drawn up business by visiting team members no later than 30 days from the date thereof and shall be approved by the Ombudsman.
  

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Art. 29 ^ 11 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 12 Institution attended is required to submit within 30 days a reasoned reply concerning the proposals and recommendations contained in the report, with an indication of point of view toward the findings, of the period in which they will be motivated to take measures in order to comply with their content or, if applicable, the reasons for which cannot comply.
  

(2) For good reasons, the term of 30 days referred to in paragraph 1. (1) may be extended by another 30 days, with the approval of the Deputy Ombudsman for the prevention of torture in places of detention.
  

(3) if the institution concerned fails to comply with the Ombudsman or, where appropriate, the Deputy Ombudsman for the prevention of torture in places of detention will inform this issue higher authority of local public administration authority or central which issued the authorization, in the case of places of detention, and may act according to the provisions of this law and the regulations governing the Organization and functioning of the institution of the Ombudsman.
  

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Art. 29 ^ 12 was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 13 Business Report, and answer reasoned; 29 ^ 12, when it was referred to, are public and are displayed on the Web site of the institution concerned, the authority hierarchically superior to the local public administration authority times or central which issued the authorization, as well as the Ombudsman, except those parts which concern personal data times classified information.
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Art. 29 ^ 13 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 14 (1) in cases where it is established that a violation of human rights through torture times cruelly applied treatments, inhuman or degrading treatment that cause an imminent risk of damage to the life or health of a person, it shall draw up a preliminary report as a matter of urgency.
  

(2) the term for the preparation and adoption of the preliminary report is 3 days and may be extended for valid reasons for another 3 days.
  

(3) the institutions concerned are required to comply with the emergency proposals and recommendations or to formulate a response to the conditions specified in article 7. 29 ^ 12 within 3 calendar days.
  

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Art. 29 ^ 14 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 15 the Ombudsman is required to refer the matter to the judicial organs without delay where, in the exercise of his powers, he finds the existence of pointers on committing offences stipulated by the criminal law.
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Art. 29 ^ 15 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 (1) ^ 16 Deputy Ombudsman for the prevention of torture in places of detention shall prepare the draft annual report on the activities of the field, part of the annual report of the Ombudsman institution, which shall submit it for approval to the Ombudsman.
  

(2) the annual report shall include: analysis and conclusions of the visits carried out during that year; proposals and recommendations; the measures taken by the national authorities with respect thereto; proposals to improve the legislative framework in the field of activity, as well as any other data or information relevant to the prevention of torture regarding Domain activity in places of detention.
  

(3) the report on the activities relating to the prevention of torture in places of detention is part of the annual report that the Ombudsman shall submit it to the joint sitting of the two houses of Parliament.
  

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Art. 29 ^ 16 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Section 5 of liaising with the Subcommittee on prevention of torture — — — — — — — — — —-sec. the 5th was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 17 In exercise of his powers, the Ombudsman or, where appropriate, the Deputy Ombudsman for the prevention of torture, liaising with the Subcommittee on prevention of torture, send information and meets with members of the Committee.
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Art. 29 ^ was introduced by 17 point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 18 execution specialist Staff with legal studies and experts can benefit from training and technical assistance on behalf of the Subcommittee on prevention of torture, under the Optional Protocol.
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Art. 29 ^ 18 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 29 ^ 19 Financing current expenditure and capital of the prevention of torture and cruel, inhuman treatment or degrading treatment shall be ensured from the State budget, and its funds are part of the budget of the Ombudsman institution.
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Art. 29 ^ 19 was introduced by point 12 of article 4. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Chapter V, incompatibilities and immunities Article 30 the Ombudsman and his deputies do not respond to opinions expressed or for acts that they satisfy, in compliance with the law, in exercising the functions provided for in this law.


Article 31 (1) in the exercise of his duties, the Ombudsman can be pursued and sent to court for criminal acts other than those referred to in article 1. 30, but may not be detained, searched, detained or arrested without the consent of prevention to the Presidents of the two chambers of Parliament.
  

(2) the advocate of the people can be sent to track prosecution for acts other than those referred to in article 1. 30, but may not be detained, searched, arrested at home or preventive arrest without prior notification to the Ombudsman.
  

(3) if the Ombudsman or his deputies are arrested times sent prosecution, they will be suspended from Office, law, until the final judgement of backwardness.
  


Article 32 (1) in the exercise of the function, Ombudsman and his/her deputies shall not be members of a political party and may not perform any other public or private office, except for activities and teaching positions in higher education.
  


(2) the incompatibilities referred to in paragraph (1) shall also apply to personnel management and execution.
  


Chapter VI Services Ombudsman institution Article 33 organisational structure, functions, and state the number of staff needed to be approved by the institution's activity the Ombudsman, within the limits of the annual budget.


Article 33 ^ 1 within the Ombudsman institution is organised, in addition to the following areas of activity: the contentious constitutional Service), appeal to the Administrative Court of law, and legal, normative analysis, external relations and communication, directly subordinate to the Ombudsman, headed by a Chief, who coordinates: constitutional and appeal against the Office of law, administrative law and legal Office and the Office of regulatory analysis , external relations and communication.
  

(b) financial, Payroll Bureau) and human resources and Office Administration. The Director directs and is responsible for coordinating the work of the Office of finance, payroll and human resources and Office Administration.
  

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Art. 33 ^ 1 was introduced by the pct, article 13. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.


Article 34 the functions of management and execution of the Ombudsman institution device handles the contest, under URlegii.*) article 35 of this law or violation of rules of organization and functioning of the Ombudsman institution by its staff, attract criminal liability or disciplinary action, as appropriate. Disciplinary liability is determined in accordance with the rules of organization and functioning of the Ombudsman institution.


Chapter VII transitional and final Provisions Article 36 (1) the Ombudsman Institution has its own budget, which is part of the State budget by the annual budgetary laws can be approved a fund available to the Ombudsman, for the grant of aid.
  

(2) the draft budget is approved, with the Advisory opinion of the Ministry of public finance, the Ombudsman submitted to the Government and to be included in the draft State budget subject to Parliament. Ombudsman's objections to the Government's draft budget is presented to Parliament.
  

(3) the Office of the Ombudsman is treated as rank, pay and conditions of retirement with the Minister, and the position of Deputy Ombudsman shall rank, pay and conditions of retirement as Secretary of State, taking advantage of all their rights. The functions of management and execution are similar in nature to the ones from the Parliament. Deputies of the Ombudsman shall be appointed for a term of five years, money that can be renewed once.
  

(3 ^ 1) The work done by the staff running specialized legal studies within the institution of the Ombudsman constitutes the specialty studies completed and in the judiciary, under the provisions of art. 86 of law No. 303/2004 concerning the status of judges and prosecutors, republished, with subsequent amendments and additions.
— — — — — — — — — —-. (3 ^ 1), art. 36 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.
(3 ^ 2) Staff leadership and execution of other-than-legal specialty within the Ombudsman institution benefits from the specialty studies completed.
— — — — — — — — — —-. (3 ^ 2) of art. 36 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(4) the Ombudsman and the advocate of the people who have no home and no private dwelling in Bucharest shall from the date of appointment, reimbursement of accommodation and transport from the place of domicile to a place in the municipality of Bucharest, according to the law.
  

— — — — — — — — — —-. (4) article. Amended 36 of point 15 of article 2. From the EMERGENCY ORDINANCE nr. 48 of 26 June 2009 published in Official Gazette No. 485 of 30 June 2014.

(5) the Government and the General Bucharest City Council will put at the disposal of the Ombudsman institution required the operation of its headquarters.
  

(6) the main office the Ombudsman institution shall, free of charge, by the Romanian Gendarmerie.
  


Article 37 (1) in the event that the Office of Ombudsman is elected a magistrate, the reservation is obligatory fasting.
  

(2) If in the position of Deputy Ombudsman is appointed as a judge, a Prosecutor, a lawyer, a notary, a legal adviser, an economist or a person who performs other functions, compare his/her job description is mandatory.
  


Article 38 rules of organization and functioning of the Ombudsman institution is approved by the permanent offices of the Chamber of Deputies and the Senate, to the Ombudsman's proposal.


TERRITORIAL OFFICES of the INSTITUTION annex OMBUDSMAN ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ │ │ no. Counties warring ││ Office │ │ │ territorial jurisdiction Headquarters in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 1. │ │ Alba Iulia, Alba, Hunedoara, Sibiu │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 2. │Piteşti │Argeş, Vâlcea │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 3. │Bacău │Bacău, Neamţ │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 4. │Oradea │Bihor, Satu Mare │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 5. │Suceava │Suceava, Botoşani │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 6. │Braşov │Braşov, Covasna │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 7. │ │ Slobozia, Giurgiu, Calarasi, Ialomita Ilfov, Teleorman │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 8. │ │ Cluj-Napoca Cluj, Bistriţa-Năsăud, Maramureş, Sălaj │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 9. │Constanţa │Constanţa, Tulcea │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 10. │ │ Craiova Dolj, Gorj, Mehedinti, Olt │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 11. │Galaţi │Galaţi, Brăila, Vrancea │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 12. │Iaşi │Iaşi, Vaslui │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 13. │Târgu Mureş │Mureş, Harghita │
├────────┼──────────────────┼───────────────────────────────────────────────┤
│ 14. │ │ Prahova, Ploieşti, Buzău, Dâmboviţa │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 15. │ │ Timişoara and Timiş, Arad, Caraş-Severin │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ Note: we reproduce below the provisions of art. III of law No. 258/2010 modifying and completing law No. 35/1997 concerning the organisation and functioning of the Ombudsman institution, that are not incorporated in the form of law No. republished 35/97 and which still apply as provisions of the Act: "modifier. III.-the date of entry into force of this law, any other provisions to the contrary are hereby repealed. "

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