OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of
Bulgaria
ANNEX:
Draft
LAW
Amending and Supplementing the Ombudsman Act
(Promulgated SG 48 of 23 May 2003, amended SG 30 of 11 April 2006;
SG 68 of 22 August 2006; SG 42 of 5 June 2009; SG 97 of 10 December 2010;
amended and supplemented SG 29 of 10 April 2012; amended SG 15 of 15 February
2013)
§ 1. 1. A new paragraph 1 shall be inserted in Article 2:
(1) „The Ombudsman shall promote and protect human rights and fundamental
freedoms“.
2. The current provision of Article 2 shall become paragraph 2 and shall be
amended as follows:
(2) „The Ombudsman shall advocate by the means laid herein in case of violation
of citizens’ rights and freedoms by an act or omission on the part of public or
municipal authorities or their administrations, entities commissioned to provide
public services, or the private sector.“
§2. In Article 8, after the words “National Assembly” the following shall be added:
“following the principles of publicity and transparency“.
§3. In Article 10, paragraph 2, first proposition the word “secret” shall be replaced by
“open”.
§4. In Article 11, para 1, after the words “the National Assembly” the words „by open
ballot” shall be added, and after the word “proposal” the words “following a public,
transparent and competitive nomination procedure and election“ shall be added.
§5. A new Article 18a shall be added:
Article 18а. (1) The Ombudsman shall be supported by an administration appointed in
accordance with the principles of transparency, efficiency, pluralism and nondiscrimination.
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