136 Annex 3 – Full text of the Ombudsman Act 5. The Legal status and remuneration of the Commissioner for Fundamental Rights and of his/her Deputies Section 10 – (1) The Commissioner for Fundamental Rights and his/her Deputies shall take office upon the expiry of the mandate of their predecessors or, if they are elected after the termination of the mandate of their predecessors, upon their election. (2) After their election, the Commissioner for Fundamental Rights and his/her Deputies shall take an oath before Parliament. Section 11 – In conducting his/her proceedings, the Commissioner for Fundamental Rights shall be independent, subordinated only to Acts, and may not be given instructions regarding his/her activities. Section 12 – (1) The Commissioner for Fundamental Rights shall be entitled to a salary and allowances identical to those of a Minister; the salary supplement for management duties, however, shall be one and a half times that of a Minister. (2) The Deputy Commissioners for Fundamental Rights shall be entitled to a salary and allowances identical to those of a state secretary. (3) The Commissioner for Fundamental Rights and his/her Deputies shall be entitled to forty working days of leave per calendar year. Section 13 – (1) From the point of view of entitlement to social security benefits, the Commissioner for Fundamental Rights and his/her Deputies shall be considered insured persons employed in a public service legal relationship. (2) The term of office of the Commissioner for Fundamental Rights and of his/her Deputies shall be considered as time served in a public service legal relationship with an organ of public administration. 6. Immunity Section 14 – (1) The Commissioner for Fundamental Rights and his/her Deputies shall enjoy the same immunity as Members of Parliament. (2) To proceedings related to immunity the rules of procedure applicable to the immunity of Members of Parliament shall apply. 7. Deputizing for the Commissioner for Fundamental Rights Section 15 – If the Commissioner for Fundamental Rights is prevented from acting or the office is vacant, the powers of the Commissioner for Fundamental Rights shall be exercised by the Deputy designated by him/her or, in the absence of a designated Deputy, by his/her Deputy who is senior in age.

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