Annex 3 – Full text of the Ombudsman Act
request the competent Minister to have those documents inspected.
The competent Minister shall make the inquiry or shall have it made
and inform the Commissioner for Fundamental Rights on the outcome
of the inquiry within the time-limit set by the Commissioner. The timelimit may not be shorter than thirty days.
Section 24 – (1) If there are substantiated grounds to believe that if the
measure of the Commissioner for Fundamental Rights is delayed, the
fundamental rights of a larger group of natural persons will be seriously infringed, the person conducting the inquiry on the basis of the
authorization of the Commissioner for Fundamental Rights may draw
the attention of the head of the authority subject to inquiry to the
danger of infringement and shall simultaneously initiate a measure of
the Commissioner for Fundamental Rights. Such indication of danger
shall be recorded in the case file.
(2) If, in the course of his/her inquiry, certain circumstances come to the
attention of the Commissioner for Fundamental Rights from which
circumstances one may conclude that a coercive measure has been
unlawfully ordered, he/she shall immediately inform the competent
prosecutor through the Prosecutor General. If the coercive measure
has been ordered by the Prosecution Service, the Commissioner for
Fundamental Rights shall inform the court as well.
Section 25 – (1) In the interest of conducting and planning the inquiries of
the Commissioner for Fundamental Rights, the authority subject to
inquiry, the head of the authority subject to inquiry, the head of the
supervisory organ of the authority subject to inquiry, the head of the
organ otherwise authorized by a legal rule to conduct inquiries and
the employees of the authority subject to inquiry shall cooperate with
the Commissioner for Fundamental Rights in the cases determined in
subsection (1) of Section 21.
(2) If the authority subject to inquiry, without a well-founded reason,
fails to comply or complies only belatedly with its obligation to cooperate, the Commissioner for Fundamental Rights shall mention this
fact in his/her report, and make special mention thereof in his/her
annual report.
Section 26 – (1) In the inquiries conducted by the Commissioner for Fundamental Rights, the persons or organizations not qualifying as authority pursuant to this Act as well as the authorities not affected by the
inquiry shall be obliged to cooperate.
(2) In a case under inquiry, the Commissioner for Fundamental Rights
may request a written explanation, declaration, information or opinion from the organization, person or employee of the organization
having the obligation to cooperate.
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