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Annex 3 – Full text of the Ombudsman Act
5. The Legal status and remuneration of the Commissioner
for Fundamental Rights and of his/her Deputies
Section 10 – (1) The Commissioner for Fundamental Rights and his/her
Deputies shall take office upon the expiry of the mandate of their predecessors or, if they are elected after the termination of the mandate
of their predecessors, upon their election.
(2) After their election, the Commissioner for Fundamental Rights and
his/her Deputies shall take an oath before Parliament.
Section 11 – In conducting his/her proceedings, the Commissioner for Fundamental Rights shall be independent, subordinated only to Acts, and
may not be given instructions regarding his/her activities.
Section 12 – (1) The Commissioner for Fundamental Rights shall be entitled
to a salary and allowances identical to those of a Minister; the salary
supplement for management duties, however, shall be one and a half
times that of a Minister.
(2) The Deputy Commissioners for Fundamental Rights shall be entitled
to a salary and allowances identical to those of a state secretary.
(3) The Commissioner for Fundamental Rights and his/her Deputies shall
be entitled to forty working days of leave per calendar year.
Section 13 – (1) From the point of view of entitlement to social security benefits, the Commissioner for Fundamental Rights and his/her Deputies
shall be considered insured persons employed in a public service legal
relationship.
(2) The term of office of the Commissioner for Fundamental Rights and of
his/her Deputies shall be considered as time served in a public service
legal relationship with an organ of public administration.
6. Immunity
Section 14 – (1) The Commissioner for Fundamental Rights and his/her
Deputies shall enjoy the same immunity as Members of Parliament.
(2) To proceedings related to immunity the rules of procedure applicable
to the immunity of Members of Parliament shall apply.
7. Deputizing for the Commissioner for Fundamental Rights
Section 15 – If the Commissioner for Fundamental Rights is prevented
from acting or the office is vacant, the powers of the Commissioner for
Fundamental Rights shall be exercised by the Deputy designated by
him/her or, in the absence of a designated Deputy, by his/her Deputy
who is senior in age.
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