Who will hold the “weapon” against the OUGs – Parliament appoints a new Ombudsman after almost two years of postponements

The Parliament started the procedures for the appointment of a new People’s Advocate, a position held by Renata Weber on an interim basis since June 2024, after the political negotiations of the last year postponed the succession. Having become a huge strategic stake thanks to the power to block the Government’s ordinances at the Constitutional Court, the leadership of this key institution is to be decided by a vote in a joint meeting on March 10, ending a long interim period at the head of the guarantor of citizens’ rights.

According to the Constitution, the People’s Advocate is appointed for a period of 5 years to defend the rights and freedoms of natural persons. He cannot be part of political parties, but he is appointed by the Parliament, in a joint session. It exercises its duties ex officio or at the request of persons injured in their rights and liberties and submits reports to the two Chambers of the Parliament, annually or at their request. The reports may contain recommendations regarding legislation or other measures to protect the rights and freedoms of citizens.

It has 6 assistants who are specialized in fields of activity. Both the People’s Advocate and his deputies cannot perform any other public or private position, except for teaching positions in higher education.

The privileged position of the People’s Advocate has turned the institution into a huge stake for political parties. It can notify the Constitutional Court regarding the constitutionality of laws before their promulgation and can directly raise the exception of unconstitutionality regarding laws and Government ordinances.

Who is Renate Weber?

Renate Weber has been the People’s Advocate since July 2019, her mandate having expired for over a year, as early as 2024. She came into office with the support of PSD-ALDE, while the opposition formed by USR, PNL, UDMR and PMP supported other candidates.

A lawyer by profession, Weber campaigned for human rights in the 90s, being a supporter of George Soros and at the same time a critic of the PSD until 2014. In parallel with the lawyer profession, she also held the position of editor-in-chief of the Romanian Human Rights Review. For a year, he was also a presidential adviser on constitutional and legislative issues for former president Traian Băsescu.

He reached the European Parliament on the PNL lists, obtaining three MEP mandates. Later, she was expelled from the PNL together with Norica Nicolai, after they joined the ALDE group in the European Parliament, while the group joined the EPP. In August 2018, she announced her enrollment in the ALDE party led by Călin Popescu Tăriceanu, arguing that it is her only political option.

In the European Parliament, Renate Weber sided with Russia, and in the context of the 2018 proceedings regarding the activation of Article 7 against Hungary, Weber supported the government of Prime Minister Viktor Orban.

Her last wealth declaration, published in 2024, indicated that she receives three pensions, one from the European Parliament, one from the Lawyers’ Insurance House and one from the Public Pension System, obtaining in the previous year 40,225 euros from the mandates of the MEP and another 73,546 lei. The income obtained from the position of the People’s Advocate amounted to 153,312 lei.

Who will replace Renate Weber?

The Parliament started the steps for the appointment of a new People’s Advocate, to be voted on in a joint plenary session of the Senate and the Chamber of Deputies, organized on March 10.

Roxana Rizoiu, former Government Agent of Romania at the ECDO and INM trainer, is the USR’s proposal to replace Renate Weber at the head of the People’s Advocate. The proposal made by the party is to have the support of the governing coalition, an agreement to this effect being reached at the time of the formation of the coalition, according to “Adevărul” information.

Rizoiu appears, along with dozens of other people on the list of loans received in the campaign by the independent presidential candidate, being among those who agreed to have their names published. According to the data, the loan granted by her amounted to 120,000 lei. However, those who lend to candidates who have passed the electoral threshold get their money back.

Controversies surrounding the institution

The institution of the People’s Advocate has a controversial past, being frequently criticized for lack of political independence, as well as inefficiency in protecting citizens’ rights. Renate Weber is no exception, having been signaled in the public space, throughout her prolonged mandate, interventions for the benefit of privileged categories of which she was a part. She reacted promptly and appealed to the Constitutional Court the act by which the Parliament decided on the drastic taxation of special pensions, in June 2020.

The position was previously held (2014-2019) by Victor Ciorbea, former prime minister and general mayor of Bucharest (1996-1998). He resigned from the position of PNL senator, but not with the support of his colleagues, but of the PSD. He was often criticized for not serving the interests of the citizens. A significant moment in his case was signaled in 2018, when he declared in the press that he was on leave at the time of the violence on August 10, 2018 and that he did not know the “data” of the problem.

In 2013, the position was held by Anastasiu Crișu, at the proposal of former prime minister Victor Ponta, with the support of USL. However, his resignation came only a year away. The former prime minister then accused Traian Băsescu of putting pressure on him. In 2002, Crișu, as a prosecutor of the Court of Accounts, opened a file against the former president, at that time the mayor of the capital.

The position was taken over in 2011 by Gheorghe Iancu, whose mandate was equally short, ending with the USL vote in Parliament. However, Ioan Muraru, former president of the Constitutional Court, had two mandates. The first Ombudsman was Judge Paul Mitroi, who served from 1997 to 2001.