Act No. 349 / 1999 Coll.
Law on the Ombudsman
Valid
Law
Effective from 28.02.2000
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349
THE LAW
of 8 December 1999
on the Ombudsman and the Ombudsman of children
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
This law regulates the position, scope and conditions of action of the Ombudsman and the Ombudsman of children in the protection and promotion of fundamental rights and freedoms and in the enforcement of the principles of good governance.
(1) The Ombudsman
(a) carry out the tasks of protecting and promoting fundamental rights and freedoms under Article 21a;
(b) act to protect against the acts of the public authorities referred to in this Act, if it is contrary to law, it does not comply with the principles of a democratic rule of law and good governance, as well as with their inactivity;
(c) act to protect persons limited to freedom by a public authority or as a result of dependence on care provided against torture, cruel, inhuman or degrading treatment or punishment and other mistreatment;
(d) monitor the detention of aliens and the execution of the administrative expulsion, transfer or transit of secured aliens and the punishment of expulsion of aliens who have been taken into custody or who are serving a custodial sentence to be followed by the expulsion penalty;
(e) exercise jurisdiction in matters of equal treatment and protection against discrimination;
(f) exercise jurisdiction in matters of the right of free movement of citizens of the European Union and citizens of States Parties to the Agreement on the European Economic Area and their family members (hereinafter referred to as "citizens of the European Union") under the directly applicable European Union provisions governing the free movement of workers (1); and
(g) carry out tasks in the field of the protection of the rights of persons with disabilities arising from the Convention on the Rights of Persons with Disabilities (m2) and other international treaties forming part of the legal order of the Czech Republic.
(2) Protector of children's rights
(a) carry out tasks in the field of the protection of the rights of the child arising from the Convention on the Rights of the Child and other international treaties forming part of the legal order of the Czech Republic; and
(b) act to protect against the actions of the public authorities referred to in this law, if it is contrary to law, it does not comply with the principles of a democratic rule of law and good governance, as well as with their inactivity in cases where a child may be affected by his rights.
(1) The Ombudsman's mandate under Paragraph 1a (1) (b) applies to the ministries and other administrative offices of the Czech National Bank, where he acts as an administrative authority, the authorities of the local authorities in the exercise of the administration and, unless otherwise provided, to the Police of the Czech Republic, the Army of the Czech Republic, the Castle Guard, the facilities in which the detention is carried out, the custodial or constitutional education, the protection treatment, security detention and health insurance companies (hereinafter the Office).
(2) The Ombudsman's mandate under Paragraph 1a (1) (c) applies to equipment which, for the purposes of this law, means:
(a) establishments in which detention is carried out, imprisonment, protective or constitutional education, protective treatment or security detention;
(b) other places where there are or may be persons restricted to the freedom of public authority, in particular police cells, facilities for the detention of foreigners and asylum facilities; or
(c) places where there are or may be persons restricted to freedom as a result of dependency on the care provided, in particular social services facilities and other facilities providing similar care, medical facilities and facilities for children requiring immediate assistance.
(3) The Ombudsman's mandate under Paragraph 1a (1) (d) applies to all public authorities competent to execute or participate in the execution of expulsion.
(4) The role of the Ombudsman of children under Paragraph 1a (2) (b) applies to the authorities and to the authorities of the local authorities, other institutions, legal and natural persons, where they exercise their powers in the field of public administration.
(5) The scope referred to in Articles 1a (1) (b) and 1a (2) (b) shall not apply to Parliament, the President of the Republic, the Government, the Supreme Audit Office, the courts, with the exception of the authorities of the state administration of the courts, the prosecutors, with the exception of the authorities of the state administration of the prosecutors, the intelligence services and the law enforcement authorities.
(1) The provisions of this Part on the choice, termination, revocation and legal status of the Ombudsman, the provisions of Part Two on the Ombudsman's activities, with the exception of Sections 21a to 21g, and the provisions of Part Three on the Ombudsman's specific rights and obligations, shall apply mutatis mutandis to the Ombudsman.
(2) The provisions of this Part on the election, termination of office, revocation and legal status of the Ombudsman and the provisions of Part Two on the Ombudsman's activities shall apply mutatis mutandis to the representative of the Ombudsman and the Ombudsman.
(1) The Ombudsman is elected by the Chamber of Deputies for a term of six years from candidates, of which two candidates are proposed by the President of the Republic, two candidates are proposed by the Senate and two candidates are elected by an institution composed of representatives of higher education institutions under the Higher Education Act (3). Proposals of identical candidates are admissible. No one can be elected more than twice in a row.
(2) The Ombudsman may be elected a natural person whose knowledge, experience and moral qualities are a precondition for his duties to be properly held and who:
a) is a national of the Czech Republic,
(b) she is fully competent;
(c) it is fair and fair,
(d) at the latest on the day of election, it has reached the age of 40;
(e) has completed university education obtained by study in the Master's study programme; and
(f) has at least 5 years of experience in the protection of fundamental rights and freedoms over the previous 10 years.
(3) A natural person whose knowledge, experience and moral characteristics are a precondition that he will hold his office properly, who fulfils the conditions set out in paragraph 2 (a) to (c), may be chosen as a guardian of the rights of children and who:
(a) at the latest on the day of election, it has reached the age of 35;
(b) has completed university education obtained by study in the Master's Law Study Programme; and
(c) has at least 5 years of experience in the protection of children's rights over the previous 10 years.
(4) For the purposes of the evaluation of the proposed candidates referred to in paragraph 2 or 3, the Chamber of Deputies shall set up an evaluation committee composed of at least 9 members, appointed from among representatives of the scientific and academic sphere, civil society, national minorities and other social groups, taking into account the fair representation of men and women.
(5) In the case of the appointment of members of the evaluation committee set up for the purpose of evaluating candidates proposed as the child protection officer, the Chamber of Deputies shall also ensure the representation of children and organisations representing the interests of children within that committee. A child aged 15 may be a member of the evaluation committee.
(6) The evaluation procedure shall include a public hearing of candidates. Members of the evaluation committee, Members and Senators shall be entitled to ask candidates questions at a public hearing. The outcome of the evaluation shall be delivered to Members by the evaluation committee. The House of Deputies shall determine the detailed arrangements for evaluating candidates.
(1) The representative of the Ombudsman and the Ombudsman of the children shall represent the Ombudsman and the Ombudsman of the children in full at the time of his absence and at the time when the duties of the Ombudsman or the Ombudsman of the children are not filled. The Ombudsman shall, by mutual agreement, entrust him with the exercise of part of his or her duties in order to divide that performance equally between them, but not later than 30 days after the establishment of the representative. If there is no mutual agreement within that time limit or if the Ombudsman withdraws the mandate, the Ombudsman's representative and the Ombudsman's representative shall exercise the Ombudsman's duties under § 1a (1) (a), (c) and (e) to (g).
(2) The Ombudsman, the Ombudsman and their representatives cooperate, exchange information and coordinate their activities in the exercise of their duties.
The seat of the Ombudsman and the Ombudsman of children is Brno.
(1) The Ombudsman's function is incompatible with that of the President of the Republic, the Member and the Senator, the duties of Judge and any public service activity.
(2) The Ombudsman's duties shall be incompatible with other gainful activities, with the exception of the administration of his or her own assets and the activities of scientific, pedagogical, publicistic, literary or artistic, provided that such activity is not detrimental to the performance of his or her duties and does not jeopardise confidence in the independence and impartiality of his or her duties.
(3) The Ombudsman must not be a member of a political party or political movement.
(4) In the course of his duties, the Ombudsman shall not, if he is subject to a military obligation, be called to military active duty or be interrupted by military active service; Military exercises are forgiven.
(1) The Ombudsman takes up his duties by making a promise to the President of the Chamber of Deputies, but not before the day following the date on which the Ombudsman's term of office expired; in the composition of the promise of the newly elected Ombudsman, his mandate shall be exercised by the Ombudsman whose term of office has expired.
(2) The Ombudsman's promise is: "I promise in my honour and conscience that I will perform my duties independently and impartially, in accordance with the Constitution and other laws and that I will protect the inviolability of law."
(3) If the Ombudsman does not make a promise within 30 days of the date of election or if he makes a promise subject to reservation, he shall be treated as if he had not been elected.
(1) The Ombudsman shall perform his duties independently and impartially.
(2) The Ombudsman shall be accountable to the Chamber of Deputies for the performance of his duties.
(1) The Ombudsman shall cease his duties on the day following that on which:
(a) his term of office has expired;
(b) has obtained legal authority from the judgment of the Court of First Instance which sentenced the Ombudsman for a criminal offence,
(c) no longer fulfils any of the conditions for the performance of the duties referred to in Article 2 (2) (a) or (b);
(d) has taken up the duties referred to in Article 3 (1) or has engaged in public administration activities; or
(e) the President of the Chamber of Deputies has received a written statement from the Ombudsman giving up his duties.
(2) The President of the Chamber of Deputies shall, for the reasons set out in paragraph 1, give notice in writing to the person who lost his post.
(3) If the Ombudsman carries out an activity which is incompatible with the performance of his duties pursuant to Rule 3 (2), or is a member of a political party or political movement, the Chamber of Deputies shall remove him from his duties and inform him in writing; the effects of the appeal arise on the date of receipt of the written notification.
(4) The President of the Chamber of Deputies shall inform the Senate, the President of the Republic and the public of the withdrawal; It shall also inform the Chamber of Deputies of the termination of office.
(5) The election of the Ombudsman shall take place within a period commencing on the 60th day before the expiry of the Ombudsman's term of office and ending on the date of expiry.
(6) If the Ombudsman is released before the end of his term of office, the Ombudsman's election shall take place within 3 months.
(7) If the Ombudsman has not been elected within the period referred to in paragraph 5 or 6, a new election shall take place within 3 months.
(1) The Ombudsman cannot be prosecuted without the consent of the Chamber of Deputies. If the Chamber of Deputies withdraws its consent, the prosecution of the Ombudsman shall be ruled out while the Ombudsman is in charge.
(2) The Ombudsman is obliged to maintain confidentiality regarding facts which he has learned in the performance of his duties, even after his duties have ceased, unless otherwise provided for in the law; The staff of the Office of the Ombudsman and the Ombudsman of children (hereinafter referred to as "the Office ') are equally obliged (§ 25).
(3) The Ombudsman or the Office's staff may, for serious reasons, relieve the President of the Chamber of Deputies of the obligation of confidentiality under paragraph 2.
(4) State authorities, including those active in criminal proceedings, are entitled to inspect or withdraw the Ombudsman's files only by law and with its consent and to refuse them, with the consent of the President of the Chamber of Deputies.
(1) The function of the Ombudsman and the Ombudsman of children is a public function.
(2) The salary, severance pay, reimbursement of expenses and the performance in kind of the Ombudsman, the Ombudsman of the children and their representative are governed by the Law on the salary and other formalities relating to the performance of the duties of representatives of the State and of certain state bodies and judges and Members of the European Parliament.
(3) The Ombudsman, the Ombudsman of the children and their representative shall be covered by the Labour Code, unless otherwise provided for in this law.
ACTIVITIES OF THE OMBUDSMAN
Complaint handling and investigation procedure
The Ombudsman acts
(a) on the initiative of a natural or legal person (hereinafter referred to as "the complaint") addressed to him,
(b) following an initiative addressed to the Member or Senator who referred him to the Ombudsman,
(c) following an initiative addressed to one of the chambers of Parliament which referred it to the Ombudsman; or
(d) on its own initiative.
(1) Everyone has the right to refer a written complaint to the Ombudsman in a case falling within his or her competence under Articles 1a (1) (b) and 1a (2) (b); the complaint may also be made orally.
(2) Every child shall have the right to contact the defender of the rights of children with an initiative relating to the infringement of his rights, directly and without the knowledge of his legal representatives (hereinafter referred to as the child's initiative).
(3) The complaint shall not be subject to official control.
(4) The complaint is not subject to a fee.
(1) When communicating with a child, the child protection guard shall take into account its age and reasonable maturity.
(2) The guardian of children's rights will allow the child to express his or her opinion and will pay due attention in his or her next procedure. The child has the right to speak to the child's rights protector without his legal representatives present.
(1) The complaint must contain:
(a) an indication of the essential circumstances of the case, including whether the case was also submitted to another State body, with what result,
(b) the designation of the Office and, where appropriate, the name and surname or other details of the identity of the person to whom the complaint relates;
(c) proof that the Office to which the complaint relates has been unsuccessfully requested to remedy,
(d) the name, surname and domicile of the legal person, the name, registered office and the person authorised to act on his behalf, of the person lodging the complaint (hereinafter referred to as the complainant).
(2) Where the complaint concerns a decision, the complainant shall attach a copy thereof.
(1) The Ombudsman shall postpone the complaint if the case concerning the complaint does not fall within his or her competence or does not concern the person who made the complaint.
(2) The Ombudsman may postpone the complaint if:
(a) the formalities provided for in Article 11 have not been completed either within the prescribed period;
(b) is manifestly unfounded;
(c) the misconduct of the Office could not have affected the outcome of the Office's procedure or is of minor importance;
(d) a period of one year has elapsed from the legal authority of the decision or from the measure or event to which the complaint relates on the date of receipt of the complaint;
(e) the case concerning the complaint is pending by a court or has already been decided by the court; or
(f) this is an initiative in a matter which has already been examined by the Ombudsman (paragraphs 17 and 18), and the repeated initiative does not bring new facts.
(3) The Ombudsman shall inform the complainant of the postponement of the complaint and of the reasons for the postponement and, if the notice is not in writing, shall record it in the file.
(4) If the child's initiative does not fall within the competence of the Ombudsman or the child's ombudsman, the child's ombudsman shall postpone the initiative, inform the child thereof and instruct them how he can exercise his rights. The protection of children's rights may also refer the complaint to the competent public authority.
If the complaint is, according to its content, an appeal under the rules on administrative or judicial proceedings, an action or an appeal in the administrative justice or a constitutional complaint, the Ombudsman shall immediately inform the complainant thereof and inform him of the proper procedure.
(1) If the Ombudsman does not postpone the complaint (§ 12) or does not proceed under § 13, he shall initiate an investigation and inform the complainant in writing.
(2) Where more than one complaint concerns the same subject-matter of the investigation or otherwise relates to one another and the case may concern a breach of the rights of the child, the Ombudsman shall open a joint inquiry, unless the Ombudsman and the Ombudsman of the children otherwise consider it to be contrary; This also applies in the case of a joint complaint by several complainants, if one of them is a child.
(3) Where an inquiry is carried out under this Part of the Ombudsman of Children, his provisions shall apply mutatis mutandis to the authorities of the local authorities, other bodies and legal and natural persons, in so far as they exercise competence in the field of public administration.
(1) The Ombudsman is entitled, with the knowledge of the management offices, even without prior notice, to enter all the premises of the Office and to carry out investigations involving:
(a) inspection of the files and their copies and images;
(b) asking questions to individual officials of the offices, in justified cases even without other persons present;
(c) interviews with persons present in establishments without other persons present.
(2) The institutions are required, at the request of the Ombudsman and within the time limit set by the Ombudsman,
(a) provide information and explanations;
(b) submit files and other documents,
(c) deliver an opinion in writing on matters of fact and law,
(d) to carry out the evidence proposed by the Ombudsman;
(e) carry out the supervisory tasks to which they are legally entitled and which the Ombudsman proposes.
(3) The Ombudsman is entitled to be present at oral hearing and carrying out evidence by the authorities and to ask questions to persons present.
(4) For the purposes of the procedure laid down in paragraphs 1 to 3, the Ombudsman may not be relied on under any other law or contract.
All public authorities and persons performing public administration shall, within the limits of their competence, be obliged to provide the Ombudsman with the assistance he requests in the investigation.
If the Ombudsman does not find any infringement or other misconduct by investigation, he shall inform both the complainant and the Office in writing. If this is not contrary to the interests of the child, the child's Ombudsman may also inform the legal representative of the child or the institution of the social legal protection of children.
(1) If the Ombudsman finds that there is an infringement or other misconduct, he shall invite the Office to comment on his findings within 30 days.
(2) If, at the request of the Office referred to in paragraph 1, the Office informs that it has implemented or implemented corrective measures and the Ombudsman finds those measures sufficient, it shall inform the complainant and the Office thereof. Otherwise, the Ombudsman shall communicate in writing his final opinion to the Office and to the complainant, upon receipt of his observations or the futile expiry of the time limit; a draft remedy measure is part of this opinion. Paragraph 17 of the second sentence applies mutatis mutandis.
The Ombudsman may propose in particular the following measures to remedy:
(a) the initiation of a review procedure for the decision, act or procedure of the Authority, if it is possible to initiate it by official authority;
(b) carrying out operations to eliminate inaction;
(c) opening disciplinary or similar proceedings;
(d) the initiation of prosecution for an offence, offence or other administrative offence;
(e) compensation or claim for compensation.
(1) Within 30 days of the receipt of the final opinion, the Authority is required to inform the Ombudsman of the corrective measures it has taken.
(2) If the Office fails to fulfil the obligation referred to in paragraph 1, or if the corrective measures are in the opinion of the Ombudsman, the Ombudsman
(a) notify the superior office and, failing that, the government;
(b) may inform the public of its findings, including disclosure of the names and surnames of persons authorised to act on behalf of the Office.
(3) In accordance with the procedure laid down in paragraph 2, the Ombudsman may also take action if the Office fails to fulfil the obligation under paragraphs 15 and 16.
If the Ombudsman acts on his own initiative, the provisions of paragraphs 15 to 20 shall apply mutatis mutandis.
Protection and promotion of fundamental rights and freedoms
(1) The Ombudsman for the protection and promotion of fundamental rights and freedoms
(a) systematically monitor and evaluate the fulfilment of fundamental rights and freedoms;
(b) carry out research and analysis on fundamental rights and freedoms;
(c) issue reports, opinions and recommendations on the fulfilment of fundamental rights and freedoms;
(d) promote the fulfilment of fundamental rights and freedoms and recommends measures to improve their protection, including the recommendations referred to in Article 22 (1);
(e) promote awareness-raising of fundamental rights and freedoms in society, including human rights education;
(f) cooperate and ensure the exchange of information with the competent international authorities which monitor compliance with the obligations of the Czech Republic under international agreements on fundamental rights and freedoms; and
(g) cooperate and ensure the exchange of information with national and foreign authorities and persons involved in the protection of fundamental rights and freedoms, including representatives of civil society.
(2) In carrying out the tasks referred to in paragraph 1, the Ombudsman may require public authorities to cooperate. Paragraphs 15 (1) (a) and (b), 15 (2) (a) to (c) and 15 (4) shall apply to the extent necessary to fulfil the purpose of paragraph 1.
(3) In the event of failure to fulfil the obligation of synergy referred to in paragraph 2, the Ombudsman may apply mutatis mutandis in accordance with Paragraph 20 (2).
(1) The Ombudsman establishes an advisory body for the protection and promotion of fundamental rights and freedoms for the performance of the tasks referred to in Article 21a (1). The Ombudsman shall familiarise the advisory body with its activities and conclusions and consult it on the guidelines for its future activities. The advisory body shall provide the Ombudsman with knowledge and experience in protecting and promoting fundamental rights and freedoms from different parts of society.
(2) The members of the advisory body are appointed by the Ombudsman from experts in the scientific, academic and spiritual spheres, representatives of civil society, national minorities and other social groups. When selecting members, the Ombudsman shall take into account that the resulting composition of the advisory body reflects the social, national, cultural and regional diversity of the population of the Czech Republic, including the fair representation of men and women.
(3) The details of the organisation and tasks of the advisory body are laid down in the Statute of the Ombudsman.
(4) The Ombudsman is also entitled to set up working groups on specific topics and activities related to the performance of the tasks referred to in Article 21a (1).
Visiting facilities and monitoring expulsion
(1) The Ombudsman's mandate under Paragraph 1a (1) (c) shall be exercised by means of systematic visits to the establishment under Paragraph 1b (2). Paragraphs 15 (1) (a) to (c), 15 (2) (a) to (c), 15 (2) (c), 15 (4) and 16 shall apply mutatis mutandis to such visits and to the exercise of the powers referred to in Article 1a (1) (d).
(2) The police of the Czech Republic will inform the Ombudsman in good time of the expulsion of a stranger, of his expulsion sentence or of the prison sentence which he has carried out, which is to be followed by the expulsion penalty.
(3) The Ombudsman shall draw up a report on his findings after visiting the establishment, following related visits to several establishments or following follow-up of the expulsion. This report may include recommendations or proposals for corrective measures.
(4) The Ombudsman shall invite the institution to comment on its report, recommendations or proposals for remedies within a time limit set by the Ombudsman. In this way, the Ombudsman may also call upon the establishment or competent authorities. If the Ombudsman finds their observations sufficient, the institution or, where appropriate, its founder or the competent authorities shall inform it thereof. Otherwise, the Ombudsman may, upon receipt of the observations or after a futile expiry of the time limit, apply mutatis mutandis in accordance with Paragraph 20 (2).
(5) In the event of failure to comply with the obligation of synergy under Sections 15 and 16, the Ombudsman may apply mutatis mutandis in accordance with Section 20 (2).
Enforcement of the right to equal treatment
(1) The Ombudsman contributes to the promotion of the right to equal treatment of all persons, regardless of race or ethnic origin, nationality, sex, sexual orientation, age, disability, religion or belief, or world opinion, and to that end
(a) provide methodological assistance to victims of discrimination in the submission of proposals to initiate proceedings for grounds of discrimination;
(b) carry out research and analysis on the right to equal treatment;
(c) issue reports, opinions and recommendations on matters relating to discrimination; and
(d) exchange available information with relevant foreign and international organisations.
(2) In carrying out the tasks referred to in paragraph 1, the Ombudsman may require public authorities to cooperate. Paragraphs 15 (1) (a) and (b), 15 (2) (a) to (c) and 15 (4) shall apply mutatis mutandis.
(3) In the event of failure to fulfil the obligation of synergy referred to in paragraph 2, the Ombudsman may apply mutatis mutandis in accordance with Paragraph 20 (2).
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Regulation Information
| Citation | Act No. 349 / 1999 Coll., on the Ombudsman |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1999 |
|---|---|
| Effective from | 28.02.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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