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(4) If the authority subject to inquiry has no supervisory organ, the Commissioner for
Fundamental Rights shall address the recommendation to the authority subject to inquiry.
Section 32 – (1) If, according to the available data, the authority subject to inquiry is able to
terminate the impropriety related to fundamental rights within its competence, the Commissioner
for Fundamental Rights may initiate redress of the impropriety by the head of the authority
subject to inquiry. Such initiative may be made directly by phone, orally or by e-mail; in such
cases the date, manner and substance of the initiative shall be recorded in the case file.
(2) Within thirty days of receipt of the initiative the authority subject to inquiry shall inform the
Commissioner for Fundamental Rights of its position on the merits of the initiative and on the
measures taken; if the initiative concerns an activity which is harmful for the environment, the
authority subject to inquiry shall immediately inform the Commissioner for Fundamental Rights.
(3) If the authority subject to inquiry–with the exception of the authority specified in paragraph
(4) of Section 31–does not agree with the initiative, it shall, within thirty days of receipt of the
initiative, submit the initiative to its supervisory organ together with its opinion thereon. Within
thirty days of receipt of the submission, the supervisory organ shall inform the Commissioner for
Fundamental Rights of its position and on the measures taken.
(4) For any further proceedings of the supervisory organ and the Commissioner for
Fundamental Rights those contained in subsections (1) to (3) of Section 31 shall be applicable, as
appropriate, subject to the modification that the Commissioner for Fundamental Rights shall
inform the supervisory organ of whether he/she maintains the initiative in an unchanged or
modified form as a recommendation.
Section 33 – (1)162 In order to redress the uncovered impropriety related to a fundamental
right, the Commissioner for Fundamental Rights may initiate proceedings for the supervision of
legality by the competent prosecutor through the Prosecutor General. Within sixty days the
competent prosecutor shall inform the Commissioner for Fundamental Rights of his/her
position on the initiation of proceedings for the supervision of legality and his/her measure, if
any.
(2) If the Commissioner for Fundamental Rights, in the course of his/her proceedings,
establishes no impropriety related to a fundamental right but nevertheless becomes aware of a
circumstance pointing to an infringement of a legal rule, he/she may forward the petition to the
competent prosecutor through the Prosecutor General.
(3) In the course of the judicial review of an administrative decision relating to the state of the
environment, the Commissioner for Fundamental Rights may participate in the proceedings as an
intervener.
Section 34 – The Commissioner for Fundamental Rights may turn to the Constitutional Court
in accordance with those laid down in the Act on the Constitutional Court.
Section 34/A163 – (1) If, in the course of his/her inquiries, the Commissioner for Fundamental
Rights finds that a fundamental rights-related impropriety is caused by a conflict between a selfgovernment decree and another legal regulation, he may request the Curia to review the selfgovernment decree’s compatibility with the other legal regulation.
(2) The petition submitted in accordance with Subsection (1) shall contain:
a) the self-government decree to be reviewed by the Curia,
b) the indication of the provision found in breach with the law,
c) the indication of the legal regulation that the self-government decree is in breach with,
d) the reason why the Commissioner for Fundamental Rights deems the given provision in
breach with the law.
Section 35 – (1) If, in the course of his/her inquiry, the Commissioner for Fundamental Rights
considers that there is a well-founded suspicion that a crime has been committed, he/she shall
initiate criminal proceedings with the organ authorized to start such proceedings. If, in the course
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Shall enter into force with the text specified in Section 408 of Act CCI of 2011
Enacted by Section 72, Subsection (1) of Act CCXI of 2012 Effective as of January 01, 2013
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