The inquiry carried out by Máté Szabó, Commissioner for Fundamental Rights has led to the conclusion that the circumstances of accommodation and care of psychiatric patients in the Forensic Psychiatric Mental Institution (Igazságügyi Megfigyelő és Elmegyógyító Intézet) constitute a violation of their rights to human dignity and to health.
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.
According to the Commissioner for Fundamental Rights certain provisions of the Act on the termination of early retirement pension (paid before reaching the old age pension age limit), on allowances paid before reaching the old age pension age limit, and on service allowance are contrary to the principle of the rule of law, to the right to the protection of personal data, as well as to the right to social security. Taking into account the submissions of nearly 30 individuals and of two civil society organisations, Máté Szabó has initiated with the Constitutional Court the ex post review of the compliance of the Act with the Basic Law.
The Commissioner for Fundamental Rights has established that the police displayed disproportionate preparedness and unnecessarily restricted the right of citizens to free movement when it declared Csókakő in the county of Fejér an operation area. The police were trying to prevent the initiation ceremony of the new members of the New Hungarian Guard planned for Csókakő, while it took place undisturbed at another venue in Dunaföldvár. In his report Máté Szabó Ombudsman also urges a review of legislation on previously banned uniformed paramilitary organisations.
With 335 votes for, 6 against and 2 invalid ones Parliament has elected Dr. Marcel Szabó Deputy of the Commissioner for Fundamental Rights, responsible for the protection of the interests of future generations. The Deputy Ombudsman has taken the oath of office. His mandate is for a term of six years.
The first amendment to the Basic Law has not answered all the questions according to which the ombudsman challenged the Transitory Provisions – stated Máté Szabó. The Commissioner finds that only those regulations of the Transitory Provisions are parts of the Basic Law that are necessary for the transition from the former constitution to the new one.
The Commissioner for Fundamental Rights refused to turn to the Constitutional Court for examining whether the Government forces to achieve exclusive power. Máté Szabó held that the Commissioner had neither competence nor standards for such an enquiry.
On the basis of the experience of the on-site inspections carried out by his working group Ombudsman Máté Szabó emphasised the problems related to the payment of the wages of persons in community employment, to the consequences of not participating in community employment and to the absence of training. Relying upon his preliminary report the Commissioner for Fundamental Rights has already formulated his recommendations to the local governments concerned as well as to the competent Minister.
Access to law is one of the most important guarantees of the enforcement of the rule of law, it is however insufficient to ensure it only on a constitutional level. For those who do not possess sufficient financial resources the state shall provide legal aid so that they be able to use legal assistants necessary for the effective enforcement of their rights.
According to the Constitutional Court compulsory liability insurance, the payment of the liability insurance fees and the maintenance of the liability insurance legal relationship have the purpose to serve the financial security of lawyers and their clients; in the absence of a liability insurance legal relationship covering all members of the bar association public trust could be shattered if claims for possible damages against individual lawyers could not be settled for lack of funds.
If in the pre-trial stage of criminal proceedings the accused person is unable to pay for the services of a lawyer of his or her own choice or the lawyer prescribed by law, the defence counsel for the accused is chosen by the same authorities which are otherwise interested in the success of the accusation. The present system of appointing lawyers in such a manner does not serve the effective enforcement of fundamental constitutional rights, in particular the rights of defence – states Máté Szabó Ombudsman in his recent report on a comprehensive inquiry into the legal profession.