The Ombudsman on the smog decree of the municipality of Miskolc

Several clauses of the smog decree of the municipality of Miskolc in the North East of Hungary are contrary to the laws. In case of a smog alert, they jeopardize the right to health and the right to a healthy environment. The Commissioner for Fundamental Rights initiated that the Curia of Hungary annul the offending provisions.

In compliance with the amendment that entered into force on 1 January 2013, the Hungarian ombudsman's range of instruments broadened by that he may turn directly to the Curia of Hungary, that is, the Supreme Court of Hungary from now on, if it has established that the infringement of the fundamental rights was the result of a local government decree offending the laws.  

The measures to be taken in a smog situation are set out in the local governments' decrees in compliance with the government decree on air protection. Vehicle traffic has to be limited principally in compliance with the environmental classification of vehicles. According to Máté Szabó Hungarian ombudsman, however, that provision of the decree of the municipality of Miskolc, according to which only the transport of cars supplied with yellow environmental stickers may be prohibited by the mayor, is unenforceable, as cars with yellow stickers have not been in traffic any more since 2010. In compliance with the local government decree, however, vehicles supplied with black and red stickers could run in spite of smog alert, because their traffic may not be limited by the mayor. It is important to note that the black and red stickers are the most dangerous for environment.  

The Commissioner has drawn attention to the fact that, in compliance with the government decree on air protection, in case of smog, the vehicles of health care administrative bodies and law enforcement organs, bearing a distinguishing sign, and other vehicles set out in other statutes may run. Beyond this, the regulation of the decree of the municipality of Miskolc provides that some commercial suppliers, taxis may also run and several duties for the administrative bodies are also described in the regulation, which must not be set out in a local government decree. Consequently, the ombudsman asked the Curia of Hungary to annul the offending provisions.