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Ombudsman, procedural safeguards, mediation, parliamentary lawyer, the ombudsman, the attorney for human rights, recommendations report

Author: Bădescu Veronica
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific adviser: Dumitru Grama
doctor, associate professor (docent), Institute of History of the ASM
Institution: Free International University of Moldova
Scientific council: DH 15-12.00.02-27.03.08
Institute of History of the ASM


The thesis was presented on the 2 September, 2011
Approved by NCAA on the 5 October, 2011


Adobe PDF document0.32 Mb / in romanian


Ombudsman, procedural safeguards, mediation, parliamentary lawyer, the ombudsman, the attorney for human rights, recommendations report


The results are published in 14 scientific papers.

Field of study: Public Law (Constitutional)

The purpose of the work lies in extensive and complex scientific research of Ombudsman in EU countries and in post-Soviet countries bordering the European Union to develop the theoretical concept and principles of practice of the Ombudsman. Objectives of the paper: 1) analysis of the genesis of this institution, the Swedish Ombudsman's expansion in other countries, 2) the complex research and all aspects of legal regulations, in relation to the Ombudsman institution, 3) examining the concepts of Ombudsman institution in the world countries, in EU countries and post-Soviet countries bordering the European Union set out in the legal literature since antiquity with analysis of the legal nature of this institution, 4) to determine the importance and role of the Ombudsman institution in the democratic institutional system, 5) the operational analysis and benchmarking mechanism Ombudsman type institutions; 6) orientation of the recipients and beneficiaries of the work of the Ombudsman, to understand the role and importance of this institution in the context of protecting the rights and freedoms of citizens; 7) to analyze the effectiveness of the Ombudsman in relation to the consecration of legislative duties and powers that correspond to him.

The novelty and originality of scientific work consists in studying complex Ombudsman institution, the legal doctrine of evolution in Romania, Russian Federation and some EU countries the concept of specialized Ombudsmen, particularly for the elimination of discrimination Ombudsmen, current and acute problems, considered also by researchers from Moldova. For the first time in the literature of constitutional law it was investigated the genesis and evolution of Ombudsman type institutions in the USSR, making a broad social policy research and legal factors which prevented the expansion of the Ombudsman institution by the fall of totalitarian regimes in the USSR and other socialist countries. A scientific novelty and originality has the investigation of the Ombudsman institution establishment in Russia and Moldova, having regard to the specific nature of this legal phenomenon, supported the struggle for human rights activism supporters. It is original research approach and conservative forces of resistance, both against the creation of the Ombudsman institution and against its independence. A new scientific act needs the complex scientific institution of the Ombudsman examination, through the old constitutional provisions and contemporary constitutionalism of socio-political realities and economic crisis.

The theoretical significance of research results is reflected in the fact that the author's conclusions and recommendations can be used both in the process of amending and completing the legislative framework in Moldova, Romania, the other EU countries, in order to improve legislation, according to European standards governing the Ombudsman institution and in making new rules that would replace the existing gaps.

The applied value is determined by the orientation of the work to improve the legal framework of the Ombudsman's work, for the effectiveness of this work and the practical results. Research findings and recommendations of the thesis can be used: to deepen the study on the Ombudsman institution and its role in protecting human rights in the elaboration of legal norms in order to improve legislation Ombudsman type institutions, the work done by ombudsmen in Moldova and by the Ombudsman in Romania, the process of studying the course of constitutional law, the efficiency of training in law faculties of institutions of higher education - to teach courses on the legal protection human rights.

The implementation of scientific results. The results of the thesis have been implemented successfully at the Spiru Haret University in Bucharest, at the Court of Appeal in Pitesti, Prosecutor of the Court of Appeal Pitesti as scientific material in order to inform teachers, students, specialists and citizens of the existence, activities and benefits of the cooperation with this institution.