72
11. Legislation-related activities of the NPM
Pursuant to Article 19 of the OPCAT, the NPM shall be granted power to submit “proposals and
observations” concerning “existing or draft legislation.”
11.1. Powers related to existing legislation
11.1.1. Proposals in the NPM’s reports
Preventive monitoring visits also cover the practice-oriented review of legal regulations applicable to
the operation of the given place of detention; therefore, the NPM, primarily through presenting his
observations and impressions from his visits, and via his legislative proposals based on their critical
evaluation, generates domestic legislation. 214 If an impropriety uncovered during the visit can be
attributed to a superfluous, ambiguous or inappropriate provision of a legal rule, or to the lack or
deficiency of the legal regulation of the given matter, I may propose to modify, repeal or prepare a legal
rule.215
In my reports published in 2017, I made 17 legislative proposals in connection with prevailing legal
regulations.216
11.1.2. Ex-post review of norms
If, in the course of my inquiries, I find that a fundamental rights-related impropriety is caused by a
conflict between a self-government decree and another legal regulation, I may request the Curia to
review the self-government decree’s compatibility with the other legal regulation.217 If, in my opinion, a
legal regulation is in violation of the Fundamental Law or an international treaty, I may request the
Constitutional Court to review it.218
In 2017, I did not request an ex-post review of norms either by the Curia or the Constitutional Court.
11.2. Powers related to draft legislation
Pursuant to Section 2(2) of the Ombudsman Act, the Commissioner for Fundamental Rights shall give
an opinion on the draft legal rules affecting his tasks and competences, and may make proposals for the
amendment or making of legal rules affecting fundamental rights and/or the expression of consent to
be bound by an international treaty.
In order to let the National Preventive Mechanism exercise his power to make proposals, the State has
to submit, ex officio, in their preparatory phase, all draft legislation concerning detention conditions to
the National Preventive Mechanism.
According to the Act on legislation, the party drafting legislation shall ensure that any and all
organizations empowered by the law to review draft legislation concerning their legal standing or
competence my exercise their rights.219 The parties responsible for preparing legal regulations usually
submit their drafts to my Office in order to prove that they have complied with my proposals to
modify, repeal or prepare legal rules specified in my reports. I review draft legislation in a complex way,
The NPM made 17 legislative proposals in his reports published in 2017.
See Section 37 of the Ombudsman Act
216 In 2017, while performing my general activities aimed at protecting fundamental rights and the tasks of the NPM, I made altogether 75
legislative proposals.
217 See Section 34/A(1) of the Ombudsman Act
218 See Section 34 of the Ombudsman Act
219 See Section 19 (1) of Act CXXX of 2010 on legislation
214
215
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents