Annex 3 – Full text of the Ombudsman Act (6) The Commissioner for Fundamental Rights may only inquire into proceedings that started after October 23, 1989. (7) The Commissioner for Fundamental Rights may not proceed in cases where court proceedings have been started for the review of the decision or where a final court decision has been rendered. (8) The identity of the person who has filed the petition may only be revealed by the Commissioner for Fundamental Rights if the inquiry could not be conducted otherwise. If the person filing the petition requests it, the Commissioner for Fundamental Rights may not reveal his/her identity. No one shall suffer any disadvantage for turning to the Commissioner for Fundamental Rights. Section 19 – The proceedings of the Commissioner for Fundamental Rights shall be free of charge; the costs of inquiries shall be advanced and borne by the Office. Section 20 – (1) The Commissioner for Fundamental Rights shall–with the exceptions specified in subsections (2) and (3)–conduct an inquiry on the basis of the petition submitted to him/her, and shall take the measure specified in this Act. (2) The Commissioner for Fundamental Rights shall reject the petition if a) it does not meet the requirements specified in subsections (1), (3) or (5) to (7) of Section 18, b) it is manifestly unfounded, c) a repeatedly submitted petition does not contain new facts or data on the substance, or d) the person submitting the petition has requested that his/her identity not be revealed and without this the inquiry cannot be conducted. (3) The Commissioner for Fundamental Rights may reject the petition if a) it has been submitted anonymously, or b) in his/her judgment the impropriety referred to in the petition is of minor importance. (4) Reasons shall be given in every case when petitions are rejected. The Commissioner for Fundamental Rights shall notify the petitioner of the rejection of his/her petition. (5) If the competent organ can be identified on the basis of the available data, the Commissioner for Fundamental Rights shall transfer petitions relating to matters not falling within his/her competence to the competent organ and simultaneously inform the petitioners thereof. If the Commissioner for Fundamental Rights establishes that on the basis of a petition not falling within his/her competence there is a possibility to institute court proceedings, he/she shall inform the petitioner thereof. 141

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