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Section 15 – If the Commissioner for Fundamental Rights is prevented from acting or the
office is vacant, the powers of the Commissioner for Fundamental Rights shall be exercised by
the Deputy designated by him/her or, in the absence of a designated Deputy, by his/her Deputy
who is senior in age.
8. Termination of the mandates of the Commissioner for Fundamental Rights and of his/her
Deputies
Section 16 – (1) The mandate of the Commissioner for Fundamental Rights shall terminate
a) upon expiry of the term of his/her mandate,
b) upon his/her death,
c) upon his/her resignation,
d) if the conditions necessary for his/her election no longer exist,
e) upon the declaration of a conflict of interests,
f) upon his/her dismissal, or
g) upon removal from office.
(2) The termination of the mandate of the Commissioner for Fundamental Rights pursuant to
points b) and c) of Subsection (1) shall be established by the Speaker of Parliament. Termination
pursuant to points d) to g) of subsection (1) shall be decided by Parliament.
(3) Resignation from office shall be communicated in writing to the Speaker of Parliament. The
mandate of the Commissioner for Fundamental Rights shall terminate on the date indicated in
the resignation, or, in the absence thereof, on the day of communication of the resignation. No
statement of acceptance shall be necessary for the validity of the resignation.
(4) If the Commissioner for Fundamental Rights fails to terminate a conflict of interests within
thirty days of his/her election or if in the course of the exercise of his/her office a conflict of
interests arises, Parliament shall–at the written motion of any Member of Parliament, after
obtaining the opinion of the Conflict of Interests Committee–decide on the declaration of a
conflict of interests within thirty days of receipt of the motion. No conflict of interests shall be
established if, during the conflict of interests proceedings, the Commissioner for Fundamental
Rights terminates the reason for the conflict of interests.
(5) The mandate of the Commissioner for Fundamental Rights may be terminated by dismissal
if, for reasons not imputable to him/her, the Commissioner for Fundamental Rights is not able
to perform the duties deriving from his/her mandate for more than ninety days. A motion for
dismissal may be submitted by any Member of Parliament. In the event of dismissal, the
Commissioner for Fundamental Rights shall be entitled to three months’ additional salary.
(6) The mandate of the Commissioner for Fundamental Rights may be terminated by removal
from office if, for reasons imputable to him/her, the Commissioner for Fundamental Rights fails
to perform the duties deriving from his/her mandate for more than ninety days, if he/she
deliberately fails to comply with his/her obligation to make a declaration of assets, or if he/she
deliberately makes a false declaration on important data or facts in his/her declaration of assets.
A motion for removal from office may be submitted by the Conflict of Interests Committee after
examination of the reasons justifying the removal.
Section 17 – (1) The mandate of the Commissioner for Fundamental Rights shall terminate
a) upon expiry of the term of his/her mandate,
b) upon his/her death,
c) upon his/her resignation,
d) if the conditions necessary for his/her election no longer exist,
e) upon the declaration of a conflict of interests,
f) upon his/her dismissal, or
g) upon removal from office.
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