Prof. Marcel SZABÓ - Curriculum Vitae
Ombudsman for Future Generations

Personal Data

Name: Dr. Marcel SZABÓ (PhD)

Place of birth: Budapest
Date of birth: 23 May 1970
Marital status: married, two children
Nationality: Hungarian
E-mail address: marcel.szabo@jak.ppke.hu

Education and Training

1989-1994: Faculty of Law and Political Sciences of the Eötvös Loránd University (Budapest), Juris Doctor degree, cum laude

1993: Technical University of Delft, River Basin Administration Centre, supervised research, topic:  International Legal Problems of Transboundary Rhine and Danube Areas

1995 Fall semester: Stanford University, Diplomat Training Program

1995-1996: Pantheon – Assas University, Paris: Certificate of Advanced Research                       

1996-1997: University of Cambridge – Diploma in International Law

2000: bar exam

2003: Faculty of Law and Political Sciences of Pázmány Péter Catholic University, PhD, summa cum laude

2012: Faculty of Law and Political Sciences of Pázmány Péter Catholic University, habilitation

Teaching and Tutorial Activity

1997- ongoing: Teaching at the Faculty of Law and Political Sciences of Pázmány Péter Catholic University, between 1997-1998 teaching assistant, from 1998 assistant professor, from 2003 associate professor. Main subjects taught: European law, international public law, international environmental law in the training of Juris Doctor students, doctoral school and at postgraduate courses of Deák Ferenc School of Postgraduate Studies.

2001-2011: Professional Head of the joint Central European Studies Program of Pázmány Péter Catholic University and the University of San Francisco.

2003-2010: Vice Dean for International Relations at the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

2003 - ongoing: Head of the European Law Department at the Faculty of Law and Political Sciences of Pázmány Péter Catholic University, Head of the European and International Law Department between 2004-2011, from 2012 Head of the European Law Department.

2009 - ongoing: Professional Head of European and international management (MA) at the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

International Research and Expert Activity

2001-2002: Head of the Hungarian wing of the Hungarian-Slovakian Legal Expert Working Group mandated to negotiate the implementation of the Gabčikovo -Nagymaros judgement (dated 25 September 1997) of the International Court of Justice of The Hague.  

March 2001: Sacred Heart University of Milan, Italy, researcher and visiting lecturer.

March 2002: Sacred Heart University of Milan, Italy, researcher and visiting lecturer.

January-June 2008: University of Cambridge, The Lauterpacht Centre for International Law, visiting researcher.

January-May 2010: University of Cambridge, Centre for European Legal Studies, visiting researcher.

May-June 2010: Marymount College, Los Angeles, researcher and visiting lecturer.

February 2011 – Oct 2012: Representative of the Hungarian government at the International Court of Justice, the Hague.

2014 - ongoing: Politics for the Future: Reorienting Political Institutions Towards the Long-Term, Oxford Martin School, Member of the Advisory Board.

2015-2016: European Ombudsman Institute, Board Member.

2016: SUSCCEED – Fostering sustainability science in Countries of Central and Eastern Europe, Leuphana Universität Lüneburg, UNESCO, Member of the Research Consortium.

2016 - ongoing: Member of the Permanent Court of Arbitration seated in the Hague.

Expert Activity in Hungary

1993-1994: Executive at the Department of International Law of the Ministry of Foreign Affairs.

1998-2002: Senior Government Advisor at the Secretariat of the Governmental Commissioner for the Danube, and Head of the Department of International Law at the Prime Minister's Office.

2008: Participation in the research organized by the Jean Monnet Centre of Excellence of Pázmány Péter Catholic University, the aim of which was to reveal the impact of the European Court in developing environmental law. In this framework, preparing the study entitled "The Mox Plant Case: the Way towards Euro-chauvinism?", which was published in the volume "The Impact of ECJ Jurisprudence on Environmental Law" (published by Szent István Társulat, 2008, ed.: Gyula Bándi).

2011: International environmental law consultation with the colleagues of the Parliamentary Commissioner for Future Generations, in relation to the environmental policy statement No. JNO-30/2011 on the development of the Danube Valley, its ecosystem services and the conservation of usage possibilities.

2011: Participation in the preparation of the study discussing the international and European legal implications of sustainable development, upon the request of the National Council for Sustainable Development. This study served as a background material for the National Sustainable Development Strategy.

2011-2012: Ministerial Commissioner responsible for the sustainable utilization of natural resources divided by state borders in the Ministry of Public Administration and Justice.

October 2012 - November 2016: Deputy Commissioner for Future Generations at the Office of the Commissioner of Fundamental Rights.

December 2016 - ongoing: Judge of the Hungarian Constitutional Court.

Participation in Professional Bodies

2004 - ongoing: Member of the Hungarian Legal Bar Examination Committee.

2005-2011: Member of the Editorial Board of the Iustum, Aequum, Salutare legal journal.

2012 - ongoing: Editor-in-chief of the Hungarian Yearbook of International Law and European Law.

2014 - ongoing: Member of the Hungarian National Association of FIDE (Fédération Internationale pour le Droit Européen).

2015 - ongoing: Member of the Editorial Board of Journal of Social Sciences "EAST-WEST STUDIES" international periodical.

2015 - ongoing: Member of the Editorial Board of Referees of the Lisbon Law Review international legal periodical.

Conference Presentations and Lectures     

2000.

17 October, 2000: Closing remarks at the conference entitled "International Waters Conference" of the United Nations' Global Environmental Facility in Budapest.

2006.

20-21 April, 2006: European Identity and the Constitutional Treaty. Lecture at the conference entitled "The Ideological Foundations of Europe: Unity in Diversity", organized by the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

2008.

14 February, 2008: The implementation of the Gabčikovo -Nagymaros decision rendered by the International Court of Justice. Lecture at the Lauterpacht Centre for International Law of the University of Cambridge.

12 March, 2008: European Union under public international law: problematic and unsolved matters. Lecture at the Centre for European Legal Studies of the University of Cambridge.

15 May, 2008: When do foreign Heads of States have a standing in municipal courts? Is there any obligation to prevent coup d'état organised in your state against another one? Lessons from the Emperor of Austria v. Day and Kossuth case. Lecture at the Lauterpacht Centre for International Law of the University of Cambridge.

18 September, 2008: Fragmentation of International Law. Lecture at the School of Law of the University of San Francisco.

2009.

25 April, 2009: Mox plant case – the dubious impact of the ECJ on the development of international environmental law. Lecture at the conference entitled "Conference on the Impact of ECJ Jurisprudence on Environmental Law", organized by the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

23 May, 2009: International Legal Responsibility of the European Union according to the Draft Articles of the International Law Commission. Lecture at the conference called "The Interplay between the Law of Treaties and International Responsibility – Forty Years after the Conclusion of the Convention on the Law of Treaties", organized by the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

2010.

15 May, 2010: Can the Danube Case still be Won in the Hague or in Luxemburg? Lecture at the conference entitled "Dunasaur – Danube Movements – Danube Strategy", organized by the EP members of Fidesz and Duna Charta in Budapest.

7 July, 2010: International Responsibility of the European Union after the Lisbon Treaty. Lecture at the conference called "New values after the Lisbon Treaty", organized by the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

2011.

15 February, 2011: Presentation at the conference organized by the Parliamentary Commissioner for Future Generations and the Jean Monnet Centre of Excellence of Pázmány Péter Catholic University, entitled "The Right to a Healthy Environment and the Representation of the Interests of Future Generations in the New Hungarian Constitution".

24 February, 2011: Reagan and the Transforming International World Order. Lecture at the conference entitled "The Legacy of the Reagan Era", organized by the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

3 March, 2011: The reception of the achievements of international environmental law in the Hungarian Constitution, the inspiring example of the Environmental Charter of the French Constitution. Lecture at the plenary session of the National Environmental Council.

29 April, 2011: The Reagan Doctrine and the International Legal System. Lecture at the conference entitled "A Country Boy against the Evil Empire", organized by the House of Terror Museum and the Konrad-Adenauer-Stiftung Foundation.

23 June, 2011: Sustainability requirements in international and European law. Lecture held together with Professor Gyula Bándi at the conference organized by the National Council for Sustainable Development and the Hungarian Academy of Sciences, presenting the results of background research efforts laying the foundations for the National Sustainable Development Strategy.

2012.

21 September, 2012: What does sustainable development oblige us to in the law of international treaties? Lecture at the conference entitled "Current issues of international environmental law", organized by the University of Miskolc.

28 September, 2012: International Law and European Law Aspects of External Voting with Special Regard to Dual Citizenship. Lecture at the international conference entitled "National Policy Trends in Europe and Worldwide", organized jointly by the Research Institute of National Policy and the University of Szeged. 

19 October, 2012: The relationship of international and EU legal requirements related to public participation with an emphasis on international law. Lecture at the conference entitled "Environmental Democracy", organized by the Jean Monnet Centre of Excellence of Pázmány Péter Catholic University.

2 November, 2012: The ECtHR and Hungary. Lecture at the ICL Conference entitled "The Reception of Public International Law in the Jurisprudence of the European Court of Human Rights: Sign of Fragmentation or Unity?", Vienna, Austria.

20 November, 2012: Protection of Biodiversity in Hungarian and International Law. Lecture at the conference entitled "Flowers for our Grandchildren, or Challenges of the Fundamental Law in the Protection of Biodiversity", organized by the Office of the Commissioner for Fundamental Rights.

30 November, 2012: Protection of the Natural Resources of the Carpathian Basin for Future Generations, based on our new Fundamental Law. Lecture at the conference entitled "Environmental Issues in the Carpathian Basin II" at the Pécs University of Sciences.

6 December, 2012: International Law and European Law Aspects of External Voting with Special Regard to Dual Citizenship. Lecture at the conference entitled "Multilevel Implications of a Changing Concept of Citizenship", organized jointly by the Institute for Minority Protection, the Research Institute of National Policy and the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

2013.

29 March, 2013: New constitutional, European and international dimensions of water basins. Lecture at the conference entitled: "Right to water and the system of Hungarian fundamental legal protection" at the University of Pécs.

23 May, 2013: International Law and European Law Aspects of External Voting with Special Regard to Dual Citizenship. Lecture at the conference entitled "Multilevel Implications of a Changing Concept of Citizenship", at Pázmány Péter Catholic University.

4-5 July, 2013: Creating fair conditions for future generations and correcting shortcomings in Global Governance. Lecture at the international conference entitled "Global Conference on Implementing Intergenerational Equity: Bringing Future Perspectives to the Status Quo" in Geneva.

12 September, 2013: Comprehensive utilization of groundwater resources of the Danube River Basin. Lecture at the conference entitled "Transboundary water issues in a macro-regional context: the Danube basin" in Budapest.  

20 September, 2013: The EU Dimension of National Parliamentary Elections through Representation in the Council of Ministers. Complications Arising from Multiple Citizenship. Lecture at the conference entitled "Good Governance – Reforming Representation" in Budapest.

2 October, 2013: The new system of sustainable institutions. Lecture at the conference entitled "To make our future sustainable. German and Hungarian strategies and experiences" organized by the National Sustainable Development Committee and the Konrad Adenauer Stiftung in Budapest.

8 October, 2013: Protecting and empowering children and young people in sport. Lecture at the conference entitled "Inclusion and Protection of Children in and through Sport" organized by the Council of Europe and the Ministry of Human Capacities in Budapest.

4-5 November, 2013: Environmental considerations of the bilateral investment treaties concluded by Hungary before joining the European Union; The 1977 Treaty concerning the construction and operation of the Gabčíkovo–Nagymaros system of locks as the first joint investment treaty before the ICJ. Lectures at the international conference entitled "Bridging the Gap between International Investment Law and the Environment" in the Hague.

6 December, 2013: The role in legal development of the European Court of Human Rights in relation to the international legal rules of state succession. Lecture at the conference entitled "The European Convention of Human Rights and Hungary", organized by the Office of the Commissioner for Fundamental Rights, the International Public Law Subcommittee of the Committee of State and Law Sciences of the Hungarian Academy of Sciences and the Hungarian Department of the International Legal Association in Budapest.

2014.

24 April, 2014: Implementing Sustainability through National Institutions: The Hungarian Ombudsman for Future Generations. Lecture at the international conference entitled "Model Institutions for a Sustainable Future: a comparative constitutional law perspective", organized by the Office of the Commissioner for Fundamental Rights in Budapest.

19-20 June, 2014: National institutions for the safeguarding of future generations. Lecture at the conference entitled "The law of the future and the future of law in the era of the international and intergenerational crisis", organized by the Lisbon Centre of Research in Public Law of the Faculty of Law of the University of Lisbon.

19 September, 2014: Should the Ombudsman Promote Legislative Reform? Lecture at the conference entitled "Ombudsman Role's in Democracy – IOI European Chapter Conference", organized by the International Ombudsman Institute in Tallin.

2 October, 2014: Meaning of Sustainability and the Perspectives of the Sustainable Development Goals Process. Lecture at the conference entitled "SUSCO 2014 (Sustainable Development Conference)", organized by the Antall József Knowledge Center in Budapest.

16 October 2014: Institutional guarantees for intergenerational and intragenerational solidarity in the EU. Lecture at the conference entitled "A Balanced Future - Social capital and human aspects of sustainable development", organized by the National Sustainable Development Council and the European Environmental and Sustainable Development Advisory Councils (EEAC) in Budapest.

2015.

21 February, 2015: Harmonization of Legal Instruments for Wetlands & Biodiversity Conservation in the EU. Lecture at the conference entitled "Biodiversity and Sustainable Development & The Law Conference", organized by the University of Cambridge.

24 August, 2015: Making Intergenerational Equity Operational in Practice. Lecture at the summer university program called "Second Summer Program on International and European Environmental Law - the Future we choose", organized by T.M.C. Asser Institute, the European Environmental Law Network (EELN) and the Hague Environmental Law Facility (HELF) in the Hague.

16 September, 2015: Introductory Lecture at the conference entitled „framework of the Hungarian implementation of Sustainable Development Goals", organized by the Office of the Commissioner for Fundamental Rights, the HAND Civil Alliance, and the National Society of Conservationists – Friends of the Earth Hungary in Budapest.

15 October, 2015: Hungary's global responsibility and action for the prevention and mitigation of climate change. Lecture at the conference entitled "Hungary's role in climate protection", organized by the Office of the Commissioner for Fundamental Rights, CEEweb for Biodiversity, Alliance for Climate Protection, Alliance for Climate-friendly Settlements, Hungarian Geographical and Geophysical Institute, National Society of Conservationists – Friends of the Earth Hungary and the National Sustainable Development Council in Budapest.  

16 October, 2015: Introductory Lecture at the international conference entitled "Delivering the Sustainable Development Goals in a changing climate", organized by the Office of the Commissioner for Fundamental Rights, CEEweb for Biodiversity, Alliance for Climate Protection, Alliance for Climate-friendly Settlements, Hungarian Geographical and Geophysical Institute, National Society of Conservationists – Friends of the Earth Hungary and the National Sustainable Development Council in Budapest.

16 October, 2015: István Apáthy: an example for current and future generations of Hungarian lawyers. Lecture at the conference entitled "Memories of Great Ancestors", organized by the Faculty of Law and Political Sciences of Pázmány Péter Catholic University.

4 December, 2015: Soil, the source of life – its protection for future generations. Lecture at the conference entitled "Year of Soil – 2015", organized by the Hungarian Academy of Sciences in Budapest.

2016.

7 March, 2016: Introductory Lecture at the conference entitled "Public participation in environmental legal cases and its European and national legal protection", organized by the Curia and the Office of the Commissioner for Fundamental Rights in Budapest.  

2016. June, 6. Introductory Lecture at the conference entitled "Legal questions of free trade agreements", organized by the Office of the Commissioner for Fundamental Rights, the Friends of the Earth Europe, the National Society of Conservationists – Friends of the Earth Hungary, and the Central-Hungarian Green Circle in Budapest.

29-30 August, 2016. Future generations and just consumption in a constrained world. Lecture at the conference entitled "Sustainable Consumption and Social Justice in a Constrained World", organized by SCORAI Europe, the Resource Cap Coalition, the GreenDependent Institute, the CEEweb for Biodiversity and the Office of the Commissioner for Fundamental Rights in Budapest.

Professional Public Activity

Opponent in Habilitation Procedure:

Dr. Pál Sonnevend, Eötvös Loránd University, Faculty of Law and Political Sciences (European and international law as default constitutions in times of a national constitutional crises) 2015.

Effective Doctoral Supervision:

Dr. Laura Gyeney, Pázmány Péter Catholic University, Faculty of Law and Political Sciences (Legal immigration into the European Union, with special regard to the right of respecting family life) 2011.

Dr. Petra Lea Láncos, Pázmány Péter Catholic University, Faculty of Law and Political Sciences (Language Policy and Linguistic Diversity in the European Union) 2012.

Dr. András Pünkösty, Pázmány Péter Catholic University, Faculty of Law and Political Sciences (Several Ethical Considerations on the European Union Law – A Critical Evaluation with Special Regard to the Social Doctrine of the Church) 2013.  

Opponent in PhD Public Debate:

dr. Gábor Kecskés, Széchenyi István University, Faculty of Law and Political Sciences (Responsibility for environmental damages in international law) 2012.

dr. Anikó Szalai, University of Szeged, Faculty of Law and Political Sciences (The effect of armed conflicts to international treaties) 2012.

Commission Member in Public Doctoral Defense Procedure:         

dr. Zoltán Angyal, University of Miskolc, Faculty of Law and Political Sciences (Institutional and legal questions of the establishment and operation of the European economic and monetary union) 2005.

dr. Réka Somssich, Eötvös Loránd University, Faculty of Law and Political Sciences (Linguistic appearances of EC law, with special regard to European private law) 2007.

dr. Gábor Kertész, Pázmány Péter Catholic University, Faculty of Law and Political Sciences (Outlook and breadth of postal services at the dawn of complete liberalization of postal market) 2012.

dr. Eszter Karoliny, University of Pécs, Faculty of Law and Political Sciences (Informational and communicational policies of the EU) 2012.

Doctoral Comprehensive Exam Board Membership:

dr. Tamás Hoffman, Eötvös Loránd University, Faculty of Law and Political Sciences (The challenge of transnational armed conflicts) 2011.

dr. Antal Berkes, Eötvös Loránd University, Faculty of Law and Political Sciences („Grey Zones": The protection of Human Rights in Areas out of the Effective Control of the State) 2015.

Language Skills

English:
Advanced level language exam

French:
Fluent in spoken and written French

Publications

Full list of publications and citations in the Hungarian Scientific Bibliography Database can be accessed via the following link: https://vm.mtmt.hu/www/index.php?AuthorID=10026228   

null Ombudsman Takes Stand on Requirement and Funding of PCR and Antigen Tests related to Certain Medical Interventions

The currently effective law does not contain any requirements regarding the mandatory performance of PCR and antigen tests as the precondition for receiving rehabilitation care and elective interventions. The principle of the rule of law is thus violated by the inappropriate level of regulation and the uncertainties in content, as was established, among others, by Commissioner for Fundamental Rights Dr. Ákos Kozma, related to his inquiry into an individual complaint.

In his petition, a parent turned to the Ombudsman with a complaint that, for the performance of his four-year-old child’s elective surgery, which means that the surgery could be postponed without the risk of causing a lasting deterioration in the child’s health condition, the health care provider had asked for the production of a negative PCR test and a negative antigen test of both the child and the adult accompanying him. The complainant said that they should pay for the fees of the tests, as they do not have immunity certificates.

In case No. AJB-3479/2021, Dr. Ákos Kozma disclosed that the statutory requirements that would form a basis for the criticized practice are missing, the rules that concern the use of health care services were laid down in specific ministerial directives and circular letters of the National Public Health Center (NPHC).

In his report, he emphasized that the measures introduced in Hungary, with a few exceptions, do not make the vaccination against Covid–19 mandatory, i.e. they were taken with a motivational intention. In his opinion, getting vaccinated is the interest of society as a whole, pointing beyond individual interests. However, until the state makes it mandatory to receive vaccinations in a law, the means of convincing, providing information and rewarding may be used. The Commissioner for Fundamental Rights thinks that the effect of the measure in question exceeds the level of positively influencing an individual’s autonomous decision, with a motivational intention.

It was disclosed by the inquiry that in this very case, the test for the complainant’s child should, in principle, be performed by the institution free of charge, even according to the issued directives and circular letters. However, the directions contain no rule whatsoever on when these tests should be performed but it becomes obvious from the wording that the age group from 0 to 16 years of age is not regarded as a group to be tested automatically and mandatorily. It does not turn out from the wording whether negative PCR and antigen tests are necessary for the accompanying adults who stay with the minors as well, and the potential financing questions related to this are not clarified either.

It was pointed out in the report that a rule of behaviour that is universally mandatory on the basis of the Fundamental Law of Hungary may exclusively be established by a law. Stipulating that the tests should be claimed by the service providers is an indirect rule of behaviour, which generates an obligation on the side of the private individuals who wish to use the service as well. The ombudsman concluded that, on the basis of the above, stipulating the requirement of the production of PCR and antigen tests and requiring, in a ministerial directive, that the costs of these be charged to the clients violate the principle of the rule of law.

The Commissioner for Fundamental Rights added that the directives and circular letters basically extend the scope of application of the immunity certificates to the use of some health care services and they distinguish between those with and without immunity certificates. He highlighted that the distinction between participation in leisure time activities and performing elective interventions is to be examined on the basis of a different standard. The Ombudsman thinks that an immunity certificate presumes immunity, this is why it cannot be a medical precondition to individual interventions. It is only possible to exclude Covid–19 infections individually, based on tests performed at the time in question, so these may have to be performed in the case of each patient before the intervention if it is medically justified. Based on the above, it is not justified to make a distinction in requiring and funding the tests with a view to preventing the spread of the epidemic. The Commissioner for Fundamental Rights concluded that the current practice of providing health care services causes an impropriety with regard to the requirement of equal treatment.

Dr. Ákos Kozma requested the Minister of Human Capacities to withdraw all of his directives regarding rehabilitation services and elective interventions, and that NPHC as a management body should take care of withdrawing all the circular letters on this subject.

Please, find the respective report at: AJB-3479/2021.