11.1. Legislative proposals concerning the operation of the NPM compensation claims related to the conclusions in the report of the Commissioner for Fundamental Rights. The Minister of Justice thinks that the statutory preconditions of disapproval only exist in exceptional cases, exclusively when the utterance defined in the report occurred beyond the frameworks of the proceedings in question, it was unrelated to the inquiry that had been conducted, in a way that cannot be justified by the latter.257 11.2. Proposals in the NPM’s reports Preventive monitoring visits also cover the practice-oriented review of legal regulations applicable to the operation of the given place of detention; therefore, the NPM, primarily through presenting his observations and impressions from his visits, and via his legislative proposals based on their critical evaluation, generates domestic legislation.258 If instances of ill-treatment or the threat thereof uncovered during the visit can be attributed to a superfluous, ambiguous or inappropriate provision of a legal rule, or to the lack or deficiency of the legal regulation of the given matter, I may propose to modify, repeal or prepare a legal rule.259 In my reports on the NPM visits published in 2018, I made 15 legislative proposals in connection with prevailing legal regulations.260 11.3. 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.261 If, in my opinion, a legal regulation is in violation of the Fundamental Law or an international treaty, I may request the Constitutional Court to review it.262 In 2018, as part of fulfilling my responsibilities as the NPM, I did not request an ex-post review of norms either from the Curia or the Constitutional Court. 257 258 259 260 261 262 Section II.2 of Justice Minister ’s letter No. XX-AJFO/ID/267/2018/8 dated on February 27, 2019. In its reports published in 2017, the NPM made altogether 17 legislative recommendations. See Section 37 of the Ombudsman Act. In 2018, while performing my general activities aimed at protecting fundamental rights and the tasks of the NPM, I made altogether 50 legislative proposals. See Section 34/A(1) of the Ombudsman Act. See Section 34 of the Ombudsman Act. 131

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