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Ombudsman
Introduction to the Office of the Commissioner
for Fundamental Rights in Hungary
The main task of the Commissioner for Fundamental Rights is to investigate any abuses of constitutional rights he/she has become aware of and to initiate general or particular measures for their redress. The Commissioner for Fundamental Rights is solely accountable to Parliament. As for the legal status of the Ombudsman, in the course of proceedings he has to be independent and may take
measures exclusively on the basis of the Constitution and law.
The Ombudsman is elected for a six-year term by a majority of twothirds of the votes of the Members of Parliament. The election is based on a proposal by the President of the Republic. The Ombudsman may be reelected for a second term.
The Act CXI of 2011 on the Commissioner for Fundamental Rights, states that anybody may apply to the Ombudsman, if they have suffered injury as a result of action of any authority or body performing a
public service, or a decision taken in the course of action, or omission by an authority that has resulted in the infringement of their fundamental rights, or if a risk thereof exists.
The Act on the Ombudsman gives an exhaustive list of authorities. These are:
Bodies or organisations fulfilling state administration (e.g. town clerks, the Construction Authority, guardianship authorities, customs and excise )
Any other body acting as state administrative authority (e.g. the Land Registry , the Hungarian Energy Office)
The police, the armed forces and security services
Local government, minority self-government, the office of the mayor
Notaries public
Court bailiffs
Bodies performing a public service (e.g. water, gas and electricity suppliers, social services and health care, educational institutions, parking companies, public service media);
The fundamental rights may be infringed by:
-unreasonably long procedures
-discrimination
-provision of inaccurate or wrong information
-unfair treatment
-refusal to disseminate information on unreasonable grounds
-unlawful decision
A very important aspect of the Commissioner’s role is that a complaint may be filed even if the complainant has already exhausted the available administrative remedies – except for judicial review of administrative decisions –, or where no legal remedies are ensured.
Cases where the Ombudsman can not help:
If the procedure has begun before 23rd October 1989
If the non-appealable decision was made more than 1 year ago
If the legal proceeding is pending or is already res judicata With regard to acts of Parliament, the President of the Republic, the Constitutional Court, the State Audit Office or
the public prosecutors office (except for the investigation office of the public prosecutor)
If the plaintiff seeks legal counsel
The Ombudsman selects him/herself the course of action that is deemed to be more appropriate. Key measures are:
1. To make a request for remedy to the supervisory institution of the body that has infringed constitutional rights.
2. To initiate a remedy request at top management level.
3. To make a motion to the Constitutional Court for the examination of the unconstitutionality of a legal act.
4. To initiate (at the public prosecutor office) the lodging of a public prosecutors protest.
5. To propose that the Law Commission amends or repeals an existing legislative act or that a new legislative act is enacted.
6. To submit the case to Parliament and request to be investigated by the Parliament.
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Addresses
Office of the Commissioner for Fundamental Rights (Alapvető Jogok Biztosának Hivatala )
OPENING HOURS OF THE COMMISSIONER’S COMPLAINTS OFFICE:
Game
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Thursday, 17th May 2012
©2008 Alapvető Jogok Biztosának Hivatala
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Az Alapvető Jogok Biztosának Hivatala |
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