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npm annual report 2016 / annex 1
Section 109
Duties of the Parliamentary Ombudsman
The Ombudsman shall ensure that the courts of law, the other authorities and civil
servants, public employees and other persons, when the latter are performing a public
task, obey the law and fulfil their obligations. In the performance of his or her duties, the Ombudsman monitors the implementation of basic rights and liberties and
human rights.
The Ombudsman submits an annual report to the Parliament on his or her work,
including observations on the state of the administration of justice and on any shortcomings in legislation.
Section 110
The right of the Chancellor of Justice and the Ombudsman
to bring charges and the division of responsibilities between them
A decision to bring charges against a judge for unlawful conduct in office is made
by the Chancellor of Justice or the Ombudsman. The Chancellor of Justice and the
Ombudsman may prosecute or order that charges be brought also in other matters
falling within the purview of their supervision of legality.
Provisions on the division of responsibilities between the Chancellor of Justice
and the Ombudsman may be laid down by an Act, without, however, restricting the
competence of either of them in the supervision of legality.
Section 111
The right of the Chancellor of Justice
and Ombudsman to receive information
The Chancellor of Justice and the Ombudsman have the right to receive from public
authorities or others performing public duties the information needed for their supervision of legality.
The Chancellor of Justice shall be present at meetings of the Government and
when matters are presented to the President of the Republic in a presidential meeting of the Government. The Ombudsman has the right to attend these meetings and
presentations.
Section 112
Supervision of the lawfulness of the official acts
of the Government and the President of the Republic
If the Chancellor of Justice becomes aware that the lawfulness of a decision or measure taken by the Government, a Minister or the President of the Republic gives rise
to a comment, the Chancellor shall present the comment, with reasons, on the aforesaid decision or measure. If the comment is ignored, the Chancellor of Justice shall
have the comment entered in the minutes of the Government and, where necessary,
undertake other measures. The Ombudsman has the corresponding right to make a
comment and to undertake measures.
If a decision made by the President is unlawful, the Government shall, after having obtained a statement from the Chancellor of Justice, notify the President that the
decision cannot be implemented, and propose to the President that the decision be
amended or revoked.
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