Opening event of the project entitled ‘Losers of the Crisis – in the Captivity of Legal Regulations'

Opening event of the project entitled ‘Losers of the Crisis – in the Captivity of Legal Regulations'

Within the framework of the project entitled ‘The Losers of the Crisis' the Commissioner for Fundamental Rights is conducting a comprehensive inquiry of what phenomena and symptoms related to fundamental rights are brought about by this hard and critical period of economic, social and global crises; of the treatment of the uncovered problems and conflicts within the framework of the protection by state institutions; and of how eventually uncovered improper practices related to fundamental rights or the deficiencies and contradictions of the relevant legal background can be remedied with the Ombudsman's instruments for rights protection.

The new Ombudsman Act, effective as of 1 January 2012, defines as an important priority the enhanced protection of the rights of persons belonging to the most vulnerable social groups. Also up to the present Parliamentary Commissioners have paid special attention in their practice to the protection of the fundamental rights of those persons who, left to themselves, are not or only partially able to protect their rights. The ‘Losers of the Crisis' project focuses on problems and negative processes affecting especially vulnerable social groups and on those measures of the State in connection with which one can best show the constitutional improprieties in legal practice.

As a result of the economic crisis the financial situation of citizens and of their groups is becoming less stable, there is a decrease in social solidarity, and under the impact of the new challenges it is becoming more and more difficult for the State to play its role and to find the right objectives. Keeping in mind the European norms of the rule of law and the fundamental European values, the use of certain administrative-legal means and methods is, however, not acceptable even in times of crisis. The Ombudsman has a double role to play: in addition to pointing out specific fundamental rights concerns, he has to call attention to these concerns and bring to the surface any bottom-up best practices and civil society initiatives.

Within the framework of the project the Ombudsman is examining, in connection with the crisis-induced weakening of social cohesion, the trend towards a stricter regulation of the use of public space, and in particular the fundamental rights evaluation of homelessness, begging and scavenging in a changing legal environment. Special emphasis is laid on the increase of ethnic and social prejudice, and on forms of discriminative behaviour, as well as on the responses of the State, or the lack thereof, in strained socio-economic crisis and conflict situations.

The Commissioner is examining the state of our defenceless environment exposed to the impact of human activities, the related conflicts and crisis phenomena, and the fulfilment of the obligations of the State to protect the environment. He pays special attention to the innovative potential of the crisis, the programmes pointing to possible ways out of the crisis and to opportunities to use alternative sources of energy.

In the times of crises, conscious state activities receive special emphasis because they provide a safety net for people in precarious situations and for members of disadvantaged social groups. In this field, the Commissioner for Fundamental Rights plans to examine the impact of the changes in the social security system and the measures taken by the State to protect private persons against bankruptcy.