The Proceedings of the Chancellor of Justice (Part One)

​Rejecting an Application by the Chancellor of Justice
When an application arrives, first the Chancellor of Justice evaluates it to decide whether any action should be taken. The Chancellor of Justice does not take action on an application when the matter falls outside his field of responsibility. If this is the case, he explains to the applicant which institution or establishment would deal with the problem in question. Obviously unfounded and unreasonable applications are also not acted on: for instance, if the application provides insufficient explanation of how the applicant's rights or the right to good administration were violated.

​Also, the Chancellor of Justice does not act on an application when the case involved has concluded with a verdict or legal proceedings, or when mandatory pre-court appeal procedures are ongoing (for instance, when the Labor Disputes Commission or some other pre-court appeal procedures organ is reviewing the complaint). The law does not allow the Chancellor of Justice to duplicate these proceedings.

​When an agent of governmental review suitable for the case exists (for instance, an inspectorate that carries out reviews in a specific field), its procedures must be completed before the matter is referred to the Chancellor of Justice, as this is a more effective way to protect the rights of the individual. The Chancellor of Justice deals with cases of the violation of individual rights when it is not possible for the individual to use other means of legal protection, such as governmental reviews and the courts (for instance, the due date for suing has expired).

​Additionally, the Chancellor of Justice is allowed to ignore an application when the individual is able to present an objection to the same establishment that was involved when the problem arose, use other means of legal protection or when an objection procedure or some other non-mandatory pre-court proceeding is underway. An objection is a non-mandatory pre-court dispute over an act of administration according to the Administrative Procedure Act, conducted by the organ with supervisory control over the establishment in the case (generally a superior establishment).

​The Chancellor of Justice is not required to deal with an application that is presented to him/her after one year has passed from the time when the individual in the case has found out or was supposed to find out about the violation. Whether the one year time limit is applied is up to the Chancellor of Justice and depends on the circumstances of the case: how serious the violation was, what the results were, if it affected any rights or liabilities of third persons etc.

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