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9. Legislation-related powers of the NPM
dance with the regime regulations”, in strict regime prisons,168 and “around the clock
or periodically” in medium regime prisons.169 In light regime prisons, the doors
of the cells and other accommodation units have to be “open during the day.”170
Keeping the hospital wards’ doors closed around the clock is prejudicial mainly
to patients sentenced to light regime prison, since, during their treatment, they
are subjected to restrictions stricter than their original sentencing, which results
in an impropriety related to the rights to freedom and personal safety.
In order to remedy and prevent the recurrence of this fundamental-rightsrelated impropriety, I requested the Minister of Justice to initiate the amendment of Section 99 of Act CCXL of 2013 on the execution of punishments,
criminal measures, certain coercive measures and confinement for administrative offences, in order to define the rules of keeping open or closed the doors
of hospital wards accommodating convicts with sentences of different regimes
in the course of their medical treatment.
Since, irrespective of several exchanges of correspondence, no substantial
measure had been taken to remedy this fundamental-rights-related impropriety, I turned to the Parliament.
9.1.2. Ex-post review of norms
If, in the course of my inquiries, I find that a fundamental rights-related
impropriety is caused by a conflict between a self-government decree and
another legal regulation, I may request the Curia to review the self-government decree’s compatibility with the other legal regulation.171
If I find a legal regulation in breach of the Fundamental Law or an international treaty, I may petition the Constitutional Court in order to have it reviewed.172
Performing the tasks of the NPM in 2016, I did not petition either the Curia
or the Constitutional Court for ex-post review of norms.
9.2.
Draft-bill-related powers
By virtue of Section 2, Subsection (2) of the Ombudsman Act, the Commissioner for Fundamental Rights shall give an opinion on the draft legal rules
168
169
170
171
172
See Section 100, Subsection (2), Paragraph d) of Act CCXL of 2013 on the execution of punishments, criminal measures, certain coercive measures and confinement for administrative offences.
See Section 101, Subsection d) of Act CCXL of 2013 on the execution of punishments, criminal measures, certain coercive measures and confinement for administrative offences.
See Section 102, Subsection (2), Paragraph d) of Act CCXL of 2013 on the execution of punishments, criminal measures, certain coercive measures and confinement for administrative offences.
See Section 34/A, Subsection (1) of the Ombudsman Act.
See Section 34 of the Ombudsman Act.
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