null Commissioner for Fundamental Rights Takes Stand on State Audit Office’s Right to Scrutinize Public Bodies

Regarding the State Audit Office’s right to scrutinize public bodies – an issue raised in a joint submission by the President of the Hungarian Chamber of Civil Law Notaries and the President of the Hungarian Bar Association –, Dr. Ákos Kozma asked the Minister of Justice to look into the possibility to amend Act LXVI of 2011 on the State Audit Office.

Acting on behalf of the organizations represented by them, the President of the Hungarian Chamber of Civil Law Notaries and the President of the Hungarian Bar Association turned to the Commissioner for Fundamental Rights with a joint submission asking for clarification regarding the limits of the State Audit Office’s right to scrutinize public bodies.

According to Note d) of Section 18(3) of Act CXI of 2011 on the Commissioner for Fundamental Rights, the Commissioner for Fundamental Rights may not conduct inquiries into the activities of the State Audit Office. In light of the above, the Ombudsman did not conduct an inquiry in connection with the ordering, performing or any potential future conclusions of audits by the State Audit Office, or with factual references made in regard thereof, and consequently, he did not establish any improprieties concerning audits by the State Audit Office.

At the same time, in his report on Case No. AJB-4461/2021, after a careful analysis of the relevant legal provisions, the Commissioner for Fundamental Rights asked the Minister of Justice on the basis of Section 2(2) of the CFR Act to examine the possibility to amend Act LXVI of 2011 on the State Audit Office regarding the State Audit Office’s tasks in connection with public bodies, and specify under what conditions the State Audit Office may exercise its right of scrutiny pertaining to these bodies. He also suggested that during the preparatory phase of the legal amendment, the Ministry should work in cooperation with the State Audit Office and that it should also meaningfully involve public bodies and especially, chambers representing legal professions.