The Ombudsman advocates clear regulation of waste management

Press release

The Ombudsman advocates clear regulation of waste management

The Ombudsman has conducted an inquiry into the setting of the fees of waste transport, the collection of fees, the requirements of those using the service as well as the possibilities for the enforcement of their rights.

In his project called ‘Losers of the Crisis – in the Captivity of Legal Regulations' Máté Szabó, Commissioner of Fundamental Rights conducted an ex officio inquiry into the public service of waste transport with special regard to the requirements of the environment and of the population. He has established for example that it may cause an infringement of the basic right to a healthy environment if there are uncertainties in the setting of the fees of the public service, and if the service provider is unable to collect outstanding fees. The Commissioner for Fundamental Rights has found, on the one hand, that the legislator did not examine in time the relevant legal practice, and, on the other hand, that it is not settled whether the local government or the State has to bear the costs of uncollectable fees.

The Ombudsman points out that frequent amendments to the Waste Management Act have created legal uncertainty and made it impossible to make plans for its financing. As a reaction to the crisis, in 2012 the fees payable for this public service were frozen at their level of 2011, even though later on this ‘freeze on fee increases' was partially lifted. However, in the meantime the legislator failed to properly apply the professional principles of law-making, and it failed to ensure time for preparing for the changes. It is also important that the fees be affordable, be proportionate to the service, and provide an incentive for property owners to comply with their legal obligations. Concerning possible legal remedies the Commissioner has established that the clients' complaints may be examined by several organisations according to their own criteria but for the time being there is no external, independent organ with the power to make binding decisions and to effectively enforce the rights of consumers.

Presenting these findings the Commissioner for Fundamental Rights has turned to the competent Ministry and warned of the danger of infringement of the right to health, recalled his earlier recommendations related to the regulation of waste management, and proposed that after the adoption of the Bill before Parliament an ex post impact assessment be made for the Act.

Download