CAT/OP/HUN/2/add.1
Commissioner for Fundamental Rights within the year of its submission. 16 Pieces of
information related to the performance of the tasks of the NPM are regularly published on
the dedicated section of the homepage of the Office.17 The reports on the NPM’s visits and
the annual comprehensive report on the NPM’s activities are also published on the dedicated
section of the homepage of the Office.
12.
Acting on the recommendation made in Clause 19 of the Subcommittee’s report, the
NPM has carried out an internal review of the existing legal acts stipulating the functioning
of the mechanism in order to have a full overview of all aspects that need to be revised to
enable it to carry out its mandate effectively. In close cooperation with the Ministry of Justice,
the NPM is going to take steps to participate in preparing statutory amendments aimed at
increasing the NPM’S efficiency and independence.
B.
Human and financial resources
13.
In connection with the recommendation made in Clause 24 of the Subcommittee’s
report, it has to be pointed out that, in Hungary, the tasks of the NPM are performed by the
Commissioner for Fundamental Rights. The administration and preparation related to the
tasks of the NPM shall be performed,18 and the costs of the performance of those tasks shall
be borne by the Office. 19 The budget of the Office is allocated, in an act, by the Parliament
electing the Commissioner for Fundamental Rights. As the Office is not a budgetary organ
under the Government’s management and supervision, 20 reducing the total of its revenue and
expenditure falls within the exclusive competence of the Parliament. 21 The Office has to
prepare annual reports to the Parliament on the utilization of its budgetary resources.
14.
Pursuant to the Public Finances Act, a legal regulation defining a public function shall
also provide for the means of and the financial resources necessary for performing that public
function.24 As the chapter-by-chapter explanatory memorandum enclosed with the draft act
on the central budget expressly mentions the obligation to perform the tasks of the NPM, the
costs thereof shall be covered by the central budget. These budgetary resources do cover the
implementation of the annual plan of visits by the NPM, including the use of external experts,
as well as the organization of regular training sessions.25
15.
There is no physician among the staff members of the Office authorized on a
permanent basis to carry out tasks related to the NPM. 22 The Act defining the legal status of
public servants,23 employed in the Office, does not rule out ab ovo the employment of a
physician as a public servant. Should anybody meeting the statutory requirements 24 apply for
the position of physician, the NPM could hire them. In Hungary, healthcare activity may be
conducted by a person who has the professional qualifications and has undergone the
necessary professional training that authorize for practising said activity, and who is listed in
the operations registry of healthcare workers.25 Should a registered healthcare worker, due to
his/her performing a public function specified by the law, including filling the position of a
public servant participating, on a permanent basis, in the performance of the tasks related to
18
19
20
21
22
23
24
25
26
27
28
29
4
Section 40(3) of the Ombudsman Act
http://www.ajbh.hu/opcat
Section 41(1) of the Ombudsman Act
Section 41(4) of the Ombudsman Act
Section 1, Paragraph 11 of Act CXCV of 2011 on Public Finances
Section 18(3)a) of Act C of 2017 on the 2018 Central Budget of
Hungary
Section 3/A(3) of Act CXCV of 2011 on Public Finances
For details, see Paragraph 26 herein.
Section 39/D, Subsection (4) of the Ombudsman Act
Section 39, Subsection (1) and (6) of Act CXCIX of 2011 on Public Servants
As stated in Section 39/D(3) of the Ombudsman Act: “experts with a graduate degree and have an outstanding
knowledge in the field of the treatment of persons deprived of their liberty or have at least five years of professional
experience.”
Section 110(2) of Act CLIV of 1997 on Healthcare