- When can’t the Chancellor of Justice help?
The Chancellor of Justice cannot resolve an application, if:
- the question is not within the competence of the Chancellor of Justice (e.g., a person is seeking legal assistance);
- resolving the application falls within the competence of other authorities (e.g. responding to a request for explanation, initiating criminal proceedings);
- the application concerns activity of a legal person governed by private law (e.g. public limited company, private limited company) or a natural person who does not perform public duties (excl. in the case of discrimination);
- the application does not clarify the nature of the violation of rights;
- a court judgment, a ruling on termination of judicial or offence proceedings or a decision of body conducting extra-judicial proceedings has entered into force in the matter of the application;
- the matter stated in the application is concurrently subject to judicial or offence or compulsory pre-trial complaint proceedings.
The Chancellor of Justice may also decline an application, if:
- the person can file an administrative appeal against the body that issued the administrative act, or use other legal remedies (e.g., seek recourse in the courts);
- the application has been filed more than one year after the date on which a person became aware or should have become aware of violation of his or her rights.
The Chancellor of Justice may not initiate conciliation proceedings, if:
- the application has been filed more than four months from the date a person became aware or should have become aware of discrimination;
- the application involves activities of a natural or legal person governed by private law in a registered religious association with statutes in professing and practicing of faith or working as a minister of religion, in relationships under family or private life or in exercising the right of succession.