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10.
Dialog on the NPM’s measures
Under Article 22 of the Protocol, the “authorities of the State Party concerned
shall examine the recommendations of the national preventive mechanism and enter
into a dialogue with it on possible implementation measures.”
The implementation of measures proposed by the Commissioner for Fundamental Rights is not mandatory. However, the Ombudsman Act compels the
addressee of the proposal to give a substantive response to my initiative aimed at
eliminating the impropriety or the danger thereof uncovered in the course of an
investigation. The Ombudsman Act also specifies the deadline for such responses.
These provisions have to be applied even in performing the tasks of the NPM.
I conduct a dialog with the addressees of my measure mainly in writing,
involving, if needed, their supervisory organs as well. No legal obstacle would
prevent me from conducting oral consultations within the dialog’s frameworks. The stipulations of Section 38, Subsection (1) constitute the most important legal guarantees as regards the dialog conducted in connection with my
measures. According to the aforementioned provision, if the authority subject
to inquiry or its supervisory organ fails to form a position on the merits and to
take the appropriate measure, or I do not agree with the position or the measure taken, I may submit the case to the Parliament within the framework of
my annual report, and may ask the Parliament to inquire into the matter.
If the impropriety is of flagrant gravity or affects a larger group of
natural persons, I propose that the Parliament debate the matter before the
annual report is put on its agenda. The Parliament shall decide on whether
to put the matter on the agenda.
As far as the measures set forward in the NPM’s reports published in
2016 are concerned, the inspected authorities or their supervisory organs
responded on the merits, and the visits did not uncover any infringement
of such gravity that would have required my turning to the Parliament in
the interest of remedy.
10.1.
Initiatives
If a fundamental rights-related impropriety may be remedied within the
inspected authority ’s competence, I may recommend it to the head of
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