Ombudsman Takes a Stand on the Operation of the Heves County “Harmónia” United Social Care Institution
At the Heves County “Harmónia” United Social Care Institution, the measures and restrictions imposed by the Chief Medical Officer for the prevention of the coronavirus pandemic were implemented, and appropriate measures were taken to reduce the possibility of infection, the Commissioner for Fundamental Rights concluded in his report. However, Dr. Ákos Kozma made a recommendation for the Head of the Institution about encouraging more frequent communication between the residents and their relatives through varied channels, even in the period of the ban on visits.
The bailiff acted in compliance with the statutory requirements when the foreclosure actions were taken, however, the seizure of allowances exempt from blocking after the prompt collection order had been issued caused an impropriety related to legal certainty and social security, as well as to the anti-discrimination principle, as was concluded by the Commissioner for Fundamental Rights in his report.
Commissioner for Fundamental Rights and Ombudsman for Future Generations Take a Stand on a Procedure related to a Residential Noise Complaint
The principle of the rule of law and the requirement of a fair procedure, as well as the enforcement of the right to a healthy environment may be jeopardized by a property protection procedure conducted by the municipal clerk in which there is no legal response to a problem because the procedure cannot be successful from the start without accurate data supply, as was concluded by the Commissioner for Fundamental Rights and the Deputy Commissioner for Future Generations in their joint report.
Commissioner for Fundamental Rights Takes a Stand in Relation to a Protracted Administrative Procedure
In addition to the violation of the fundamental requirement of legal certainty, a protracted administrative procedure caused an impropriety in relation to a child’s right to care and protection, the Commissioner for Fundamental Rights concluded in his report.
“In times of distress, epidemics and other sorts of crises, children’s rights and the mentality we adopt with respect to child-related matters become even more crucial”, Dr. Ákos Kozma underlines on World Children’s Day. The Commissioner for Fundamental Rights draws attention to the fact that children’s rights are not claims but constitutional norms that are prompted by the legitimate considerations and fundamental needs of the children.
Located in Zirc and Lókút, two foster homes of the Child Protection Centre and Territorial Child Protection Service of Veszprém County implemented the measures and restrictions imposed by the Chief Medical Officer for the prevention of the pandemic, and took appropriate measures to reduce the possibility of infection. The material conditions for the placement of children were adequate in both locations, Ombudsman Dr. Ákos Kozma concluded upon his visit.
The right to petition, the principle of legal certainty and the right to fair administration of official matters were violated by the practice of the Ministry of Innovation and Technology in the handling of public interest disclosures. As the Commissioner for Fundamental Rights concluded in his report, the Ministry provided no response whatsoever to the petitions complaining about the handling of public interest disclosures, while it replied to the Ombudsman’s inquiry with a significant, 16-month delay. Dr. Ákos Kozma requested that the Minister of Innovation and Technology take measures in order to prevent the future recurrence of the fundamental rights-related improprieties identified in his report.
Commissioner for Fundamental Rights and Ombudsman for the Rights of National Minorities Take a Stand on the Procedure for the Assessment of Widowhood Pension
The excessively long procedure in the course of which the staff of the Pension Payment Directorate did not respect the deadline prescribed by the Code of General Administrative Procedure (“Ákr.”) violated the fundamental right to a fair procedure arising from the principle of the rule of law, the Commissioner for Fundamental Rights and his Deputy, the Ombudsman for the Rights of National Minorities concluded in their joint report. Dr. Ákos Kozma and Dr. Elisabeth Sándor-Szalay asked the Director of the Pension Payment Directorate of Hungarian State Treasury to once again call the attention of the employees of the authority to their obligation to handle cases in conformity with the guarantees of administrative authority procedures and to comply with the administrative deadlines prescribed by Section 50 of the Code of General Administrative Procedure (“Ákr.”).
Commissioner for Fundamental Rights and Ombudsman for Future Generations Take a Stand on the Legal Basis for the Obligation to Pay Waste Transport Fees
The requirement of legal certainty stemming from the principle of the rule of law, as well as the right to a fair procedure are violated if a local waste management decree does not clearly specify the legal basis for invoicing with regard to enclosed garden properties, said, among others, the Commissioner for Fundamental Rights and his Deputy for Future Generations. Dr Ákos Kozma and Dr Gyula Bándi requested the municipality clerk to give meaningful responses to all the enquiries from the citizens in the future, and asked the mayor of the settlement to ensure the appropriate amendment and supplementation of the municipality decree on the order of waste management.
Joint Statement of the Commissioner for Fundamental Rights and the Ombudsman for Future Generations on the First International Day of Awareness of Food Loss and Waste
In their joint statement published on the first International Day of Awareness of Food Loss and Waste, Dr. Ákos Kozma, Commissioner for Fundamental Rights and Dr. Gyula Bándi, Ombudsman for Future Generations highlight the importance of a more conscious treatment of the food produced and responsible behaviour on behalf of the producers, traders and consumers.