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l) an organ performing public services
(hereinafter referred to together as “authority”) infringes a fundamental right of the person
submitting the petition or presents an imminent danger thereto (hereinafter referred to together
as “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.
(2) 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.
(3) The Commissioner for Fundamental Rights, with the exceptions specified in Section 2,
Subsection (3), may not conduct inquiries into the activities of
a)159–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.
(4) 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.
(5) 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.
(6) The Commissioner for Fundamental Rights may only inquire into proceedings that started
after October 23, 1989.
(7) The Commissioner for Fundamental Rights may not proceed in cases where court
proceedings have been started for the review of the decision or where a final court decision has
been rendered.
(8) The identity of the person who has filed the petition may only be revealed by the
Commissioner for Fundamental Rights if the inquiry could not be conducted otherwise. If the
person filing the petition requests it, the Commissioner for Fundamental Rights may not reveal
his/her identity. No one shall suffer any disadvantage for turning to the Commissioner for
Fundamental Rights.
Section 19 – The proceedings of the Commissioner for Fundamental Rights shall be free of
charge; the costs of inquiries shall be advanced and borne by the Office.
Section 20 – (1) The Commissioner for Fundamental Rights shall–with the exceptions
specified in subsections (2) and (3)–conduct an inquiry on the basis of the petition submitted to
him/her, and shall take the measure specified in this Act.
(2) The Commissioner for Fundamental Rights shall reject the petition if
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Stipulated by Section 10, Subsection (2) of Act CXXXI of 2013 Effective as of August 01, 2013
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