intended to exclude the unlawfulness of an act which is generally prohibited» (see Judgment of the Constitutional Court No 1010/96). The complaint was not upheld.
It should be mentioned another situation submitted to the appreciation of this State
body(39), which was related to the late loading of the complainant’s identifying data in the
PSP computer system, following her complaint regarding the loss of her wallet. The wallet
was found even before the presentation of the complaint of its loss, yet due to the possible
negligence of the police officer involved the complainant’s identification data were not
included in the file related to the wallet recovery. This prevented the immediate delivery
of the said item its owner, which only occurred a few months later. The investigation of
the complaint procedure opened in this State body allowed to conclude that it was an act
of negligence of the services. Nevertheless, the PSP informed the Ombudsman that the
procedures would be improved in order to avoid similar situations.
Good practices and final assessment
The issues raised by the citizens in the different subjects dealt with by this thematic
unit, were investigated with the collaboration of the targeted entities, which provided the
relevant clarifications and, when justified, welcomed the Ombudsman’s positions, changing its procedural acting in order to correct or improve administrative activity in the areas
of justice, internal security and road safety.
Particular emphasis is placed on good institutional cooperation between the Ombudsman and the Superior Council for the Judiciary. Likewise, it is worth noting the fruitful
cooperation provided by the IRN in response to the requests submitted to it.
1.2.6. Rights, freedoms and guarantees; health, education and constitutionality
valuations
This thematic unit studies complaints and initiatives taken on issues relating to the
rights to health, education, foreigner’s law, nationality and the penitentiary system. It
should be noted that the two first thematics listed above are dealt with from the perspective of the users of such public services.
The requests addressed to the Ombudsman to exercise his powers of initiative towards
a successive abstract review of the constitutionality or legality of norms, before the Constitutional Court, as well as the verification of unconstitutionality by omission, are also
dealt by this unit. Likewise, in a subsidiary manner in relation to the other thematic units,
(39) See positions adopted 2016, pp. 175-176.
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