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of his/her inquiry, the Commissioner for Fundamental Rights considers that there is a reasonable
suspicion that a regulatory offense or a disciplinary offense has been committed, he/she shall
initiate regulatory offense proceedings or disciplinary proceedings with the organ authorized to
conduct such proceedings.
(2) Unless a provision of an Act provides otherwise, the organ specified in subsection (1) shall,
within thirty days, inform the Commissioner for Fundamental Rights of its position on the
starting of proceedings; where proceedings have been started, the organ shall, within thirty days
of the termination of the proceedings, inform the Commissioner for Fundamental Rights of the
outcome thereof.
Section 36 – If, in the course of his/her inquiry, the Commissioner for Fundamental Rights
notices an impropriety related to the protection of personal data, to the right of access to data of
public interest or to data public on grounds of public interest, he/she shall report it to the
National Authority for Data Protection and Freedom of Information.
Section 37 – If, according to the Commissioner for Fundamental Rights, the impropriety can
be attributed to a superfluous, ambiguous or inappropriate provision of a legal rule or public law
instrument for the regulation of organizations, or to the lack or deficiency of the legal regulation
of the given matter, in order to avoid such impropriety in the future he/she may propose that the
organ authorized to make law or to issue a public law instrument for the regulation of
organizations modify, repeal or issue the legal rule or the public law instrument for the regulation
of organizations, or propose that the organ in charge of preparing legal rules prepare a legal rule.
Within sixty days the requested organ shall inform the Commissioner for Fundamental Rights of
its position and of any measure taken.
Section 38 – (1) If the authority subject to inquiry or its supervisory organ fails to form a
position on the merits and to take the appropriate measure, or the Commissioner for
Fundamental Rights does not agree with the position or the measure taken, he/she shall submit
the case to Parliament within the framework of his/her annual report, and may–with the
exception of those contained in subsection (2)–ask Parliament to inquire into the matter. If,
according to his/her findings, the impropriety is of flagrant gravity or affects a larger group of
natural persons, the Commissioner may propose that Parliament debate the matter before the
annual report is put on its agenda. The Parliament shall decide on whether to put the matter on
the agenda.
(2) In the case referred to in subsection (1), if the Commissioner for Fundamental Rights has
taken the measure specified in Section 34, or if in the case specified in Section 37 he/she has
requested Parliament, the Commissioner for Fundamental Rights shall report on his/her measure
and on the measure of the requested organ or the failure of the latter to take any measure in
his/her annual report.
(3) In the case referred to in subsection (1), if the uncovering of the impropriety would affect
classified data, the Commissioner for Fundamental Rights shall–simultaneously with his/her
annual report, or if the impropriety is of flagrant gravity or affects a larger group of natural
persons, prior to the submission of the annual report–submit the case to the competent
committee of Parliament in a report of a level of classification determined in the Act on the
Protection of Classified Information. The committee shall decide on whether to put the matter
on the agenda at a sitting in camera.
11/A.164 Inquiries into public interest disclosures
Section 38/A165 – The Commissioner for Fundamental Rights shall inquire into the practices
of authorities specified under Section 18, Subsection (1), Paragraphs a)-k) in handling public
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Enacted by Section 21, Subsection (1) of Act CLXV of 2013 Effective as of January 01, 2014
Enacted by Section 21, Subsection (1) of Act CLXV of 2013 Effective as of January 01, 2014
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