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Citizens or when it is determined that the injury made to the person caused material or other serious
damage to that person.
If revealed that activities of an official or an employee of the administrative authorities contain elements
of criminal or other punishable act, the Protector of Citizens shall have power to submit request, i.e. to
file a motion to initiate misdemeanour, criminal or other appropriate proceedings.
Article 21
Administrative authorities shall co-operate with the Protector of Citizens and enable his access to their
premises and information available to them, which are of importance for the proceedings he runs, i.e.
for the fulfilment of the goal of his preventive operation, regardless of the degree of confidentiality of
such information, unless it is contrary to the law.
The Protector of Citizens shall have power to interview any employee of administrative authorities when
it is of significance for the proceedings he runs.
The Protector of Citizens, i.e. Protector of Citizens’ Deputy, shall have the duty of confidentiality as
regards the information acquired during his term of office even after the end of office.
Everyone working in the Protector of Citizens’ Secretariat is subject to the pledge of secrecy.
Article 22
The Protector of Citizens shall have authority to freely access correctional institutions and other places
where persons deprived of liberty are held and to speak in privacy with those persons.
Article 23
The President of the Republic, the Prime Minister and members of the Government, the Speaker of
the National Assembly and officials in administrative agencies are obligated to receive the Protector of
Citizens at his request at latest within fifteen days.
IV PROCEDURE
Article 24
The Protector of Citizens initiates proceedings following the complaint of a citizen or on his own initiative.
In addition to the right to initiate and run proceedings, the Protector of Citizens shall have the right to
act preventively by offering good services, negotiating and giving advice and opinions related to issues
from his competency, with the view of improving the work of administrative authorities and protection
of human rights and freedoms.
Article 25
Any physical or legal, local or foreign person who considers that their rights have been violated by an act,
action or failure to act of an administrative authority may file a complaint with the Protector of Citizens.
In case of violation of child’s rights, the complaint referred to in paragraph 1 of this Article may be
submitted by his/her parent, i.e. legal representative on behalf of the juvenile. In case of violation of the
rights of a legal person, a person authorized to represent that legal person may file the complaint.
Prior to submitting a complaint, a citizen is required to endeavour to protect their rights in appropriate
legal proceedings.
The Protector of Citizens shall direct the complainant to instigate relevant legal proceedings when
such proceedings are provided, and shall not instigate investigation until all legal remedies have been
exhausted.
Exceptionally, the Protector of Citizens may initiate proceedings even before all legal remedies have been
exhausted if the complainant would sustain irreparable damage or if the complaint is related to violation
of good governance principle, particularly incorrect attitude of administrative authorities towards the
complainant or other violations of rules of ethical behaviour of administrative authorities employees.
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