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Annex 3 – Full text of the Ombudsman Act
(4) For any further proceedings of the supervisory organ and the Commissioner for Fundamental Rights those contained in subsections (1)
to (3) of Section 31 shall be applicable, as appropriate, subject to the
modification that the Commissioner for Fundamental Rights shall
inform the supervisory organ of whether he/she maintains the initiative in an unchanged or modified form as a recommendation.
Section 33 – (1)272 In order to redress the uncovered impropriety related to
a fundamental right, the Commissioner for Fundamental Rights may
initiate proceedings for the supervision of legality by the competent
prosecutor through the Prosecutor General. Within sixty days the
competent prosecutor shall inform the Commissioner for Fundamental Rights of his/her position on the initiation of proceedings for the
supervision of legality and his/her measure, if any.
(2) If the Commissioner for Fundamental Rights, in the course of his/her
proceedings, establishes no impropriety related to a fundamental
right but nevertheless becomes aware of a circumstance pointing to an
infringement of a legal rule, he/she may forward the petition to the
competent prosecutor through the Prosecutor General.
(3) In the course of the judicial review of an administrative decision relating to the state of the environment, the Commissioner for Fundamental Rights may participate in the proceedings as an intervener.
Section 34 – The Commissioner for Fundamental Rights may turn to the
Constitutional Court in accordance with those laid down in the Act on the
Constitutional Court.
Section 34/A273 – (1) If, in the course of his/her inquiries, the Commissioner
for Fundamental Rights finds that a fundamental rights-related impropriety is caused by a conflict between a self-government decree and
another legal regulation, he may request the Curia to review the selfgovernment decree’s compatibility with the other legal regulation.
(2) The petition submitted in accordance with Subsection (1) shall contain:
a) the self-government decree to be reviewed by the Curia,
b) the indication of the provision found in breach with the law,
c) the indication of the legal regulation that the self-government
decree is in breach with,
d) the reason why the Commissioner for Fundamental Rights deems
the given provision in breach with the law.
Section 35 – (1) If, in the course of his/her inquiry, the Commissioner for Fundamental Rights considers that there is a well-founded suspicion that
a crime has been committed, he/she shall initiate criminal proceedings
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Shall enter into force with the text specified in Section 408 of Act CCI of 2011
Enacted by Section 72, Subsection (1) of Act CCXI of 2012 Effective as of January 01, 2013
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