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18. In the framework of the monitoring of the implementation at the
national level of ratified international instruments relating to human rights
and fundamental freedoms and of the harmonization of national
legislation with these instruments, the Ombudsman shall have the power
to present, in public, recommendations to Parliament or the Executive,
including to amend legislation or to adopt new legislation.

19. Following an investigation, the Ombudsman shall preferably have the
power to challenge the constitutionality of laws and regulations or general
administrative acts.

The Ombudsman shall preferably be entitled to intervene before relevant
adjudicatory bodies and courts.

The official filing of a request to the Ombudsman may have suspensive
effect on time-limits to apply to the court, according to the law.

20. The Ombudsman shall report to Parliament on the activities of the
Institution at least once a year. In this report, the Ombudsman may inform
Parliament on lack of compliance by the public administration. The
Ombudsman shall also report on specific issues, as the Ombudsman
sees appropriate. The Ombudsman’s reports shall be made public. They
shall be duly taken into account by the authorities.

This applies also to reports to be given by the Ombudsman appointed by
the Executive.

21. Sufficient and independent budgetary resources shall be secured to
the Ombudsman institution. The law shall provide that the budgetary
allocation of funds to the Ombudsman institution must be adequate to the
need to ensure full, independent and effective discharge of its
responsibilities and functions. The Ombudsman shall be consulted and
shall be asked to present a draft budget for the coming financial year. The
adopted budget for the institution shall not be reduced during the financial
year, unless the reduction generally applies to other State institutions.
The independent financial audit of the Ombudsman’s budget shall take
into account only the legality of financial proceedings and not the choice
of priorities in the execution of the mandate.
22. The Ombudsman Institution shall have sufficient staff and appropriate
structural flexibility. The Institution may include one or more deputies,
appointed by the Ombudsman. The Ombudsman shall be able to recruit
his or her staff.

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