Annex 3 – Full text of the Ombudsman Act
with the organ authorized to start such proceedings. If, in the course
of his/her inquiry, the Commissioner for Fundamental Rights considers that there is a reasonable suspicion that a regulatory offense or a
disciplinary offense has been committed, he/she shall initiate regulatory offense proceedings or disciplinary proceedings with the organ
authorized to conduct such proceedings.
(2) Unless a provision of an Act provides otherwise, the organ specified
in subsection (1) shall, within thirty days, inform the Commissioner
for Fundamental Rights of its position on the starting of proceedings;
where proceedings have been started, the organ shall, within thirty
days of the termination of the proceedings, inform the Commissioner
for Fundamental Rights of the outcome thereof.
Section 36 – If, in the course of his/her inquiry, the Commissioner for Fundamental Rights notices an impropriety related to the protection of personal
data, to the right of access to data of public interest or to data public on
grounds of public interest, he/she shall report it to the National Authority
for Data Protection and Freedom of Information.
Section 37 – If, according to the Commissioner for Fundamental Rights, the
impropriety can be attributed to a superfluous, ambiguous or inappropriate provision of a legal rule or public law instrument for the regulation
of organizations, or to the lack or deficiency of the legal regulation of the
given matter, in order to avoid such impropriety in the future he/she may
propose that the organ authorized to make law or to issue a public law
instrument for the regulation of organizations modify, repeal or issue the
legal rule or the public law instrument for the regulation of organizations,
or propose that the organ in charge of preparing legal rules prepare a legal
rule. Within sixty days the requested organ shall inform the Commissioner for Fundamental Rights of its position and of any measure taken.
Section 38 – (1) 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 the Commissioner for Fundamental Rights does not agree
with the position or the measure taken, he/she shall submit the case
to Parliament within the framework of his/her annual report, and
may–with the exception of those contained in subsection (2)–ask Parliament to inquire into the matter. If, according to his/her findings, the
impropriety is of flagrant gravity or affects a larger group of natural
persons, the Commissioner may propose that 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.
(2) In the case referred to in subsection (1), if the Commissioner for Fundamental Rights has taken the measure specified in Section 34, or if in
the case specified in Section 37 he/she has requested Parliament, the
151
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents