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Annex 3 – Full text of the Ombudsman Act
(2)
(3)
(4)
(5)
269
“impropriety ”), provided that this person has exhausted the
available administrative legal remedies, not including the judicial
review of an administrative decision, or that no legal remedy is
available to him/her.
Regardless of their form of organization, organs performing public
services shall be the following:
a) organs performing state or local government tasks and/or participating in the performance thereof,
b) public utility providers,
c) universal providers,
d) organizations participating in the granting or intermediation of
state or European Union subsidies,
e) organizations performing activities described in a legal rule as
public service, and
f) organizations performing a public service which is prescribed in
a legal rule and to be compulsorily consumed.
Inquiries into an organ performing public services may be carried
out only in connection with its public service activities.
The Commissioner for Fundamental Rights, with the exceptions specified in Section 2, Subsection (3), may not conduct inquiries into the
activities of
a)269 –with the exceptions provided in Section 2, Subsection (3)–the
Parliament,
b) the President of the Republic,
c) the Constitutional Court,
d) the State Audit Office,
e) the courts, and
f) the Prosecution Service, with the exception of its investigative
service.
The Commissioner for Fundamental Rights may conduct ex officio
proceedings in order to have such improprieties terminated as
are related to fundamental rights and which have arisen in the
course of the activities of the authorities. Ex officio proceedings
may be aimed at conducting an inquiry into improprieties affecting not precisely identifiable larger groups of natural persons or
at conducting a comprehensive inquiry into the enforcement of a
fundamental right.
If a final administrative decision has been taken in the case, a petition
may be filed with the Commissioner for Fundamental Rights within one year from the notification of the decision.
Stipulated by Section 10, Subsection (2) of Act CXXXI of 2013 Effective as of August 01, 2013
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