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Annex 1 – The NPM’s response to the conclusions…
fessional training that authorises for practising said activity, and who is
listed in the operations registry of healthcare workers.324 Should a registered
healthcare worker, due to his/her performing a public function specified by
the law, including filling the position of a public servant participating, on
a permanent basis, in the performance of the tasks related to the NPM, suspend his/her healthcare activities for a period of five years or more, his/her
name shall be deleted from the operations registry of healthcare workers.
16. During the period following the SPT Delegation’s departure, physicians authorised on a case-by-case basis also participated in the
NPM’s visits. These physicians authorised on a case-by-case basis
carried out their work325 and were remunerated326 on the basis of
civil law contracts, in accordance with the legal provisions on forensic medical experts. The ad hoc employment of physicians participating in the visits makes it possible to select them, upon the
recommendation of the Civil Consultative Body, in accordance with
the specifics of a given place of detention (e.g., psychiatrist, paediatric psychiatrist, internist, geriatrician etc.). The aforementioned
solution efficiently ensures the diverse professional background327
advocated in the NPM Guidelines. Against this background, the
NPM intends to turn to the Government in connection with the
amendment of the legal regulation328 on the physician positions.
17. In accordance with the recommendations set forth in Points 25 and
26 of the Subcommittee’s report, the Office maintains a regular, constructive dialogue with the staff of the Ministry for National Economy, which is responsible for public finances, in order to ascertain
what is needed by the Commissioner for Fundamental Rights to
permit him to properly fulfil his legal mandate, including the performance of the tasks of the NPM, in the form of a budgetary proposal. The result of this dialogue provides the basis for the chapter
of the draft budget relative to the Office.329
Cooperation with the Civil Consultative Body (CCB)
18. In accordance with the recommendation made in Point 29 of the
Subcommittee’s report, the NPM maintains communication with the
CCB not only at the regular meetings but also through other chan-
324
325
326
327
328
329
See Section 110(2) of Act CLIV of 1997 on Healthcare.
See Act XXIX of 2016 on Judicial Experts.
See Minister of Justice decree 3/1986 (II. 21.) on the remuneration of judicial experts.
Note 20 of CAT/OP/12/5.
Section 39/D, Subsection (4) of the Ombudsman Act.
For details, see Paragraph 14 herein.
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