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CHAIR: Let I just add very briefly, this is very important that you’ve
raised and Peter said in well-functioning democracy, this is a critical
dimension which has to do of course with the balance of rule of law
in democracy that we are talking about. My views to tell you looking
at comparatively that going down the road having binding decisions is
a road primarily because the chief and fundamental distinction of an
ombudsman from a court is precisely that the court has the power to
issue binding decisions.

If the ombudsman were to become empowered to issue binding decisions
it would be very difficult to be able to distinguish between an ombudsman
and a court. It is not in the interest of an ombudsman to get into potential
confiscatory situation of a court because the courts are the ultimate
foundations of the rule of the law. And what happens if you have the
court saying one thing with a binding decision and the ombudsman saying
another thing with a binding decision? Then you get into very serious hot
water. So, I think in principle for us but also for the reasons of rule of
law and of constitutional balance avoiding granting the power of binding
decisions to ombudsman is I think the soundest way of approaching it.
From then on of course the legal jurisdiction has its own freedom to move.
Thank you.
Now, gentleman in the back who wanted to ask a question, maybe I
discourage d him or disappointed him and he left. Anyone else? Yes, sir?
Go ahead.

PRESENTER- Thank you.

CHAIR: Sorry for the technical difficulty, please if you can repeat your
question so that we can interpret.

OMBUDSMAN of ROMANIA – This is a very sensitive topic because we lay our
foundation on the independency because you know that we cannot
intervene justice and I am talking about the experiences of my country
this intervention goes beyond the limits. And if there are critical issues
and if these issues go to justice than we are intervening justice now I
would like to raise my question in such topics, the independency of
justice, are we affecting independence or not? Thank you.

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