In addition to the right to launch and conduct the investigations of overseeing the work public
authorities and organizations, the Protector of Citizens may also act preemptively by
providing good services, mediating between citizens and administrative bodies and giving
advice and opinions on issues within his competence, with a view to improving the work of
the public authorities and protecting human rights and freedoms. The powers of the Protector
of Citizens to act preemptively are evident in particular in his role as the National Preventive
Mechanism, in accordance with the Law amending the Law on Ratification of the Optional
Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
The Protector of Citizens also has the right of legislative initiative. He is authorized to propose
laws within its competence, submit initiatives for amending or adopting new regulations if he
considers that the violation of citizens 'rights arises because of their shortcomings or if it is
important for the realization and promotion of citizens' rights. The Protector of Citizens is
authorized to give opinions to the Government and the National Assembly on the regulations
in preparation. Also, the Protector of Citizens is authorized to initiate proceedings before the
Constitutional Court for the assessment of the constitutionality and legality of laws, other
regulations and general acts.
Procedure
In the sui generis procedure (of its own kind, unique) which is exempted from excessive
formalities, the Protector of Citizens oversees the respect of the rights of citizens, identifies
violations committed by enactments, actions or failure to act on behalf of the administrative
authorities, insofar as they involve violations of national-level laws, other regulations and
general acts.
The Protector of Citizens initiates the above-mentioned procedure ex-officio or on the basis of
citizens' complaints. For the efficient conduct of the investigation, broad powers of the
Protector of Citizens have been secured by provisions of the Law –a request for written
pronouncement of the authorities, direct conversation with civil servants, officers and
officials, the right of unannounced visit, insight into official acts and documents, etc. In his
actions, the Protector of Citizens is primarily guided by the idea of cooperation with public
authorities, and in case of lack of cooperation, the Protector of Citizens, on a case-by-case basis,
assesses the need and effect of applying other powers.
If public authorities acted unlawfully and improperly in matters concerning rights, freedoms
or citizens' interests based on the law, the Protector of Citizens identifies the omission and
recommends how to rectify it in such and other cases.
Legal nature of acts passed by the Protector of Citizens
The Protector of Citizens does not decide on the rights, obligations and lawful interests of the
citizens, but investigates (oversees) the work of public authorities and organizations and, if
he finds an omission, influences on them to rectify it. Hence instruments passed by the
Protector of Citizens are not subject to appeal or other remedies.
The recommendations, attitudes and opinions of the Protector of Citizens are not legally
binding. The job of the Protector of Citizens is not to force anyone into compliance, but to use
the power of arguments, as well as institutional and personal authority, in order to make the
case for rectifying omissions and improving the way of work.
Public authorities and organization, however, are required under the law to cooperate with
the Protector of Citizens, allow him access to their offices and make available any and all
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