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.
Such proceedings in which the authority acts without applying the available official instruments and the discovery process, and without sanctioning the omission cause an impropriety related to the rule of law, and to the right to fair authority proceedings and to a healthy environment, as was concluded by the Commissioner for Fundamental Rights and his Deputy Commissioner responsible for the protection of the interests of future generations.
The protracted proceedings of the local government of the municipality of Sukoró caused an impropriety related to the fair administration of authority matters, due to which the petitioner’s right to legal certainty was also violated; moreover, it caused an impropriety related to a needy person’s right to social security, as was established by the Ombudsman.
The practice of authorities not to examine the usability of immovable property is capable of putting those persons at a disadvantage who are forced to apply for social benefits, of making their living conditions even more difficult, and eventually, of leading to the violation of their fundamental rights, the Ombudsman concluded in his report. With a view to preventing the future occurrence of the fundamental rights-related improprieties exposed, Dr. Ákos Kozma requested that the Head of the Somogy County Government Office call the attention of the heads of the district offices of first instance to the application of the lawful practice related to the examination of the usability of immovable property.
An impropriety with regard to the requirement of legal certainty, as well as to the right to good administration and the right to legal remedy was caused by the procedural malpractice of the bailiff when the statement of objection regarding the foreclosure was not submitted to the court in due time, as was established by Ombudsman Dr Ákos Kozma in his inquiry.
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.
By failing to fulfil its obligation to provide information, the 14th District Police Department caused an impropriety related to the requirement of legal certainty deriving from the principle of the rule of law, the right to fair administration of official matters and the right to petition when it failed to respond to the whistleblower through the protected electronic system, Dr. Ákos Kozma concluded in his report. The Commissioner for Fundamental Rights requested the head of the Police Department concerned to take measures in the given case in order to upload the necessary information to be provided for the whistleblower into the electronic system, as well as to prevent the future occurrence of the fundamental rights-related improprieties exposed by paying particular attention to ensuring full compliance with the relevant provisions when handling public interest disclosures.
The right to a fair procedure was violated by the fact that the option to seize movables was available despite the lack of a legal basis in an otherwise suspended procedure, which situation arose due to the malpractice of the case officer bailiff, as was established by Dr Ákos Kozma in his report. The Commissioner for Fundamental Rights requested the bailiff concerned to pay special attention to observing the statutory provisions regarding the suspension of procedures in the future, with special regard to those cases in which he acts as a case officer.
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.
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 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.
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.”).