"Plans for Tearing Down the Huts": Ombudsman Urges a Carefully Considered Rule of Law Solution

The Commissioner for Fundamental Rights reiterates his position already set out in previous inquiries that living in public space shall not serve as an excuse not to comply with the rules; however, the legal title for the authorities' action against homeless people being in a vulnerable situation and the method of its implementation are of fundamental importance in a state under the rule of law. According to László Székely, a solution for the problems caused by the huts of homeless people, set up illegally a long time ago, can only be sought in co-operation with those concerned and the social profession, in parallel with providing real help and sufficient time.   

With reference to an earlier Zugló case report and a recent court decision, the Ombudsman warns that the requirements of due process and legal certainty are infringed upon, if the legal frames of a measure are uncertain, if, for example, in the case of the demolition of a homeless hut, the line between the interested proprietor of a public area and the proceeding of an authority having official powers, ordering the demolition, is blurred. It may be a problem in such cases, if the entity exercising official powers or the legal grounds for the measure cannot be clearly identified.

The Commissioner for Fundamental Rights recalls that the competent authorities may have to handle the issue, often complicated in the legal sense and sensitive from the perspective of both those concerned and the inhabitants of the neighbourhood, respecting due process, co-operating with the persons in a vulnerable situation and considering the possibility of real assistance.

The Ombudsman also draws the authority's attention to the need to proceed with additional caution in the case of the homeless so that these people would be able to exercise their rights effectively. According to the Commissioner, the people concerned, who have no prospects, are completely vulnerable to the measures of the local municipality taken with no legal explanation, justification and procedural guarantees, and enforced with immediate effect. In connection with the apparently simplest solution, i.e., termination effective immediately, two pressing issues arise. The most important issue is what will happen to the people living there, for example, what kind of housing aid they may rely on.  The other issue is what will happen to the movable property stored in the huts, whether the authorities have to ensure their proper guarding or not. Based on previous experience, the apparently worthless movable property considered "garbage" in a given case may, indeed, prove to be priceless personal items for homeless people.    

The Commissioner for Fundamental Rights, being also responsible for the enforcement of the rights of groups requiring special protection, is continuously monitoring the legislative proposals as well, in addition to raising public awareness in connection with this matter.