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.
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