Annex 3 – Full text of the Ombudsman Act
8. Termination of the mandates of the Commissioner for Fundamental Rights
and of his/her Deputies
Section 16 – (1) The mandate of the Commissioner for Fundamental Rights
shall terminate
a) upon expiry of the term of his/her mandate,
b) upon his/her death,
c) upon his/her resignation,
d) if the conditions necessary for his/her election no longer exist,
e) upon the declaration of a conflict of interests,
f) upon his/her dismissal, or
g) upon removal from office.
(2) The termination of the mandate of the Commissioner for Fundamental Rights pursuant to points b) and c) of Subsection (1) shall be established by the Speaker of Parliament. Termination pursuant to points d)
to g) of subsection (1) shall be decided by Parliament.
(3) Resignation from office shall be communicated in writing to the
Speaker of Parliament. The mandate of the Commissioner for Fundamental Rights shall terminate on the date indicated in the resignation, or, in the absence thereof, on the day of communication of the
resignation. No statement of acceptance shall be necessary for the
validity of the resignation.
(4) If the Commissioner for Fundamental Rights fails to terminate a
conflict of interests within thirty days of his/her election or if in the
course of the exercise of his/her office a conflict of interests arises,
Parliament shall–at the written motion of any Member of Parliament, after obtaining the opinion of the Conflict of Interests Committee–decide on the declaration of a conflict of interests within
thirty days of receipt of the motion. No conflict of interests shall
be established if, during the conflict of interests proceedings, the
Commissioner for Fundamental Rights terminates the reason for
the conflict of interests.
(5) The mandate of the Commissioner for Fundamental Rights may be
terminated by dismissal if, for reasons not imputable to him/her, the
Commissioner for Fundamental Rights is not able to perform the
duties deriving from his/her mandate for more than ninety days.
A motion for dismissal may be submitted by any Member of Parliament. In the event of dismissal, the Commissioner for Fundamental
Rights shall be entitled to three months’ additional salary.
(6) The mandate of the Commissioner for Fundamental Rights may
be terminated by removal from office if, for reasons imputable
to him/her, the Commissioner for Fundamental Rights fails to
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