Office of the commissioner for fundamental rights of hungary

The amendment of the Act on person transportation services contains only the gradual implementation of the obstacle-clearance of the public transport instead of a concrete deadline. This is incompatible with international treaties that Hungary adopted as well and it violates the requirement of free choice of place of residence. Consequently, the Commissioner for Fundamental Rights asked the Constitutional Court to review the provision.

According to the Commissioner for Fundamental Rights, it is contrary to the artistic freedom that the founding members of the Hungarian Academy of Arts (hereinafter referred to as "HAA") could come from only one civil society organization. According to the ombudsman, it is also contrary to the Basic Law that the Act on the Academy of Arts provides possibilities to the Academy for setting out the conditions of membership on its own. Consequently, Máté Szabó asked the Constitutional Court to annul the applicable provisions of the Act on the Academy of Arts.

The commissioner for fundamental rights says that the new legislation regulations empowering local governments to adopt new regulations, effective from 1 January 2013 and replacing previous provisions annulled by the Constitutional Court raise serious concerns about legal certainty. Máté Szabó urged to the establishment of a clear legislative framework and the immediate revision of local government regulations acting beyond their authorization in order to reduce their "eagerness" for fining.

The commissioner for fundamental rights says that the new legislation regulations empowering local governments to adopt new regulations, effective from 1 January 2013 and replacing previous provisions annulled by the Constitutional Court raise serious concerns about legal certainty. Máté Szabó urged to the establishment of a clear legislative framework and the immediate revision of local government regulations acting beyond their authorization in order to reduce their "eagerness" for fining.

According to the Commissioner for Fundamental Rights, it is contrary to the artistic freedom that the founding members of the Hungarian Academy of Arts (hereinafter referred to as "HAA") could come from only one civil society organization. According to the ombudsman, it is also contrary to the Basic Law that the Act on the Academy of Arts provides possibilities to the Academy for setting out the conditions of membership on its own. Consequently, Máté Szabó asked the Constitutional Court to annul the applicable provisions of the Act on the Academy of Arts.

According to the commissioner for fundamental rights, the current national implementation process of international legal obligations concerning child friendly justice is contrary to the requirement of legal certainty and fair trial, it is against the interests of the child and raises concern over the adequate protection of the rights to special protection and care.

On the basis of the incoming complaints to the ombudsman, the signals of the representatives of the jurist profession and the recent press releases, the Commissioner for Fundamental Rights is planning a comprehensive inquiry into the Hungarian judicial enforcement system in the first semester of the year 2013.

Although in recent years Máté Szabó has witnessed significant progress in the enforcement of the right of assembly, he is still waiting for the implementation of some of his legislative proposals which would strengthen the guarantees for this fundamental freedom.

The rules of the state action against the crime of usury are not applied, which is linked principally to the victims' vulnerable situation. The Commissioner for Fundamental Rights proposes integrated government measures for facilitating the efficiency of law enforcement.

In his letter addressed to the state secretary of the Ministry of Human Resources the commissioner for fundamental rights stated that he finds unacceptable the draft which aims to drastically cut the number of treatments requiring expensive drugs. In the view of Máté Szabó, the Ministry's concept raises serious constitutional concerns over the requirement of equal treatment and the right to life and human dignity of patients in a vulnerable situation.

Contesting the State Motorway Management Company's (SMMC) HUF 15,000 claim may lead to response from SMMC with a HUF 60,000 surcharge note. Since contesting the claim does not delay the payment's due date, the 30 days' term of payment will have expired by the time the SMMC's response arrives. It infringes the motorists' right to legal remedy – states the Ombudsman's report.

According to the commissioner for fundamental rights the amended law on arbitration constitutes a violation of international treaties signed by Hungary and it is an infringement of the requirement of legal certainty. The ombudsman therefore asked the Constitutional Court to review the provisions of said law.