Annex 3 – Full text of the Ombudsman Act
11. Measures of the Commissioner for Fundamental Rights
Section 31 – (1) If, on the basis of an inquiry conducted, the Commissioner
for Fundamental Rights comes to the conclusion that the impropriety in relation to a fundamental right does exist, in order to redress
it he/she may–by simultaneously informing the authority subject to
inquiry–address a recommendation to the supervisory organ of the
authority subject to inquiry. Within thirty days of receipt of the recommendation the supervisory organ shall inform the Commissioner for
Fundamental Rights of its position on the merits of the recommendation and on the measures taken.
(2) If the supervisory organ does not agree with those contained in the
recommendation, within fifteen days of receipt of the communication
thereof the Commissioner for Fundamental Rights shall inform the
supervisory organ of the maintenance, amendment or withdrawal of
his/her recommendation.
(3) If the Commissioner for Fundamental Rights modifies the recommendation, it shall be considered as a new recommendation from the
point of view of the measures to be taken.
(4) If the authority subject to inquiry has no supervisory organ, the Commissioner for Fundamental Rights shall address the recommendation
to the authority subject to inquiry.
Section 32 – (1) If, according to the available data, the authority subject to
inquiry is able to terminate the impropriety related to fundamental
rights within its competence, the Commissioner for Fundamental
Rights may initiate redress of the impropriety by the head of the
authority subject to inquiry. Such initiative may be made directly by
phone, orally or by e-mail; in such cases the date, manner and substance of the initiative shall be recorded in the case file.
(2) Within thirty days of receipt of the initiative the authority subject to
inquiry shall inform the Commissioner for Fundamental Rights of its
position on the merits of the initiative and on the measures taken; if
the initiative concerns an activity which is harmful for the environment, the authority subject to inquiry shall immediately inform the
Commissioner for Fundamental Rights.
(3) If the authority subject to inquiry–with the exception of the authority
specified in paragraph (4) of Section 31–does not agree with the initiative, it shall, within thirty days of receipt of the initiative, submit the
initiative to its supervisory organ together with its opinion thereon.
Within thirty days of receipt of the submission, the supervisory organ
shall inform the Commissioner for Fundamental Rights of its position
and on the measures taken.
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