How is your application examined?
By investigating a complaint, the Ombudsperson is authorised to:
- enter public administration facilities (public administration bodies are not entitled to prohibit an entry of the Public Defender of Rights into their premises, including branches)
- require a public administration body to provide her with necessary files, documents, as well as explanations of a matter, to which the inducement relates (except for such information and explanations that constitute a confidentiality obligation recognized or imposed by the state)
- give questions to employees of a public administration body (the Public Defender of Rights may give questions to employees of affected bodies in person, by phone, or via e-mail)
- talk to persons, which are detained at places of custody, imprisonment, disciplinary sanctions of soldiers, court-ordered rehabilitation, juvenile correction, court-ordered hospitalization or residential care of children, or in detention cell, also in the absence of other person
- to take part in a hearing and to ask questions from the participants of the proceedings and other persons taking part at the hearing
Upon the Public Defender of Right’s demand, public administration bodies shall be obliged to provide her with information and explanations and immediately enable her to look into a file or borrow him a file. As to fulfilment of other obligations a period of 20 days is required by law.
If a public administration body fails to comply with the Public Defender of Right’s request, the Public Defender of Rights shall report the failure to the superior body or to the Government of the Slovak Republic, if such superior body does not exist. The superior public administration body or, if no superior body exists, the Government of the Slovak Republic shall be obliged to notify the Public Defender of Rights in writing of measures adopted in the matter. The notice shall be provided within 20 days from delivery of the Public Defender of Right’s report.
If the Public Defender of Rights does not consider the implemented measures as sufficient, she shall report the fact to the National Council of the Slovak Republic or to a body authorized by the National Council.
The Public Defender of Rights can apply to the Constitutional Court of the Slovak Republic for commencement of proceedings in matter of harmony of legal regulations according to Art. 125, 1 of the Constitution of the Slovak Republic, if further application of the regulation could represent a threat to the fundamental rights and freedoms or human rights and fundamental freedoms, as arise from an international treaty that has been ratified by the Slovak Republic and published in a way specified by a law.
How long will it take?
According to the law there are no periods for handling inducements by the Public Defender of Rights. Inducements will be handled in the sequence, in which they have been delivered. The speed of handling them depends on the number and seriousness thereof. The speed of settlement depends on the number of complaints and their complexity.