OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro III JURISDICTION AND POWERS Investigation of violation of human rights and freedoms Article 21 The Protector shall investigate violations of human rights and freedoms when they are committed by the act, action or failure to act of the authorities and take activities for their remedy in accordance with this Law. The procedure of investigation of violations of human rights and freedoms the Protector shall initiate upon the complaints of citizens or on his own initiative. Protector shall investigate violations of human rights and freedom on his own initiative when based on reliable information finds out that human rights and freedoms are violated by the act, action or failure to act of the authorities. To act on his own initiative requires the consent of the victim, and if the victim is a minor or a person who is deprived of business capacity, consent is obtained from his legal representative. Special authorisation for court procedures Article 22 The Protector is authorized to act on complaints relating to court procedures in progress only in the case of prolonged procedure, abuse of procedural authorisations or failure to execute court decisions. Participation in law making process Article 23 The Protector may gave the initiative for the delivery of laws or amendment of laws, other regulations and general laws, especially for the purpose of harmonisation with internationally recognized standards in area of human rights and freedoms. Subjects delivering regulations and acts referred to in paragraph 1 of this Article, are obliged to comment the initiative of the Protector within a deadline determined by the Protector. The Protector shall give opinions on draft law or law proposal, other regulation or general act, if considers it necessary for the protection and promotion of human rights and freedoms. Initiating the Constitutional Court procedure Article 24 The Protector may initiate procedure before the Constitutional Court of Montenegro to review the constitutionality of laws or the constitutionality and legality of other regulations and general acts relating to human rights and freedoms. Opinion during the procedure Article 25 The Protector can provide an opinion on the protection and promotion of human rights and freedoms at the request of the authority that decides on these rights, regardless of the type or level of the procedure in progress before this body. 31