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.
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