Act LIX of 1 June 1993 on the Ombudsman
(Parliamentary Commissioner) for Civil Rights

For the execution of Article 32B of the Constitution Parliament passes the following Act:

Tasks of the Ombudsman for Civil Rights

Section 1 (1) It shall be the duty of the Ombudsman for Civil Rights (hereinafter "Ombudsman") to investigate or to have investigated any abuses of constitutional rights, he has become aware of, and to initiate general or particular measures for the redress thereof (paragraph (1) of Article 32B of the Constitution.)

Election of the Ombudsman, of the General Deputy Ombuds man

and of the Special Ombudsman

Section 2 (1) In order to ensure the protection of constitutional rights Parliament shall elect the ombudsman and his general deputy as commissioners responsible exclusively to Parliament.

(2) For the protection of certain constitutional rights Parliament may elect also a special ombudsman. The special ombudsman has right of taking independent measures in his field.

(3) If the general deputy of the ombudsman is prevented, or his office is vacant, the ombudsman shall be substituted by the special ombudsman, or if there are several ones, by the special ombudsman appointed by the ombudsman.

(4) If the special ombudsman is prevented, his sphere of authority shall be exercised by the ombudsman or by the general deputy of the ombudsman.

(5) Where this Act mentions ombudsman, by this - failing any provision to the contrary effect - the general deputy of the ombudsman and the special ombudsman shall be understood as well.

Section 3 (1) Any Hungarian citizen graduated from the faculty of law of a university, with clean criminal record may be elected as ombudsman, who meets the requirements prescribed in subsections (2) and (3).

(2) Parliament shall elect the ombudsman from those lawyers with outstanding theoretical knowledge or from lawyers having at least ten years professional practice who have considerable experience in the conduction, supervision or scientific theory of the conduction of proceedings concerning constitutional rights, and who are highly respected.

(3) Anyone who during the four years preceding the proposal for election has been a Member of Parliament, President of the Republic, member of the Constitutional Court, member of the Government, secretary of state, deputy secretary of state, member of the local government council, commissioner of the Republic, notary, public prosecutor, professional member of the armed forces, the police and the police organs, or the employee of a party may not be elected ombudsman.

Section 4 (1) The President of the Republic shall make a proposal for the person of the ombudsman.

(2) The person (persons) proposed shall be heard by the Committee on Constitution, Legislation and Justice, as well as the Committee on Human Rights, Minorities and Religious Affairs, and in the case of a proposal made for a special ombudsman, also by the competent committee of Parliament, with the authority of being consulted.

(3) The election of the ombudsman shall require the votes of two thirds of the Members of Parliament.

(4) If Parliament does not elect the person proposed, the President of the Republic shall make a new proposal within thirty days.

(5) The ombudsman shall be elected for six years. The ombudsman may once be re-elected.

(6) The new ombudsman shall be elected within three months of the expiration of the appointment of his predecessor. If the mandate of Parliament ceased to exist during this period, the election shall be held within one month of the constituent meeting of the newly elected Parliament.

Conflict of Interests

Section 5 (1) The mandate of ombudsman shall be incompatible with any other state, local government, social or political office or mandate.

(2) The ombudsman may not engage in any other gainful employment, and he may not accept any remuneration for his other activities - except for scientific, educational, artistic activities, activities falling under the protection of copyright, or proof reader's and editor's activities.

(3) The ombudsman may not be senior official of an economic association, member of the supervisory board thereof, furthermore, the member obliged to personal co-operation of an economic association.

(4) Beyond the tasks resulting from his sphere of authority, the ombudsman may not pursue any political activity, he may not make any political declarations.

Section 6 (1) If a conflict of interests defined in Section 5 exists concerning the person elected as ombudsman, he shall terminate that within ten days of his election. Until this has happened, the person elected ombudsman may not exercise his sphere of authority resulting from this office.

(2) If the ombudsman does not meet his obligation defined in subsection (1) until the expiration of the prescribed time limit, upon the motion of any Member of Parliament, Parliament shall decide on the matter of the conflict of interests after having consulted its committee dealing with immunity and conflict of interests matters. For pronouncing the conflict of interests, the votes of two thirds of the Members of Parliament shall be required.

(3) If within four years after the election of the ombudsman it is established that against him a reason for conflict of interests defined in subsection (3) of Section 3 exists, subsections (1) and (2) shall be governing mutatis mutandis.

Legal Status of Ombudsman

Scction 7 When entering his office, the ombudsman shall take an oath before Parliament.

Section 8 In the course of his proceedings the ombudsman shall be independent, he shall take his measures exclusively on the basis of the Constitution and of the law.

Section 9 (1) The basic remuneration of the ombudsman and of the special ombudsman shall be the same as the basic remuneration of the ministers, while the basic remuneration of the general deputy of the ombudsman shall be identical with the amount of the basic remuneration fixed in accordance with Act XXIII of 1993 on the Legal Status of Civil Servants for the secretary of state. The senior official's supplementary remuneration shall be in the case of the ombudsman and the special ombudsman 80 per cent of the basic remuneration, while in case of the general deputy of the ombudsman, it shall be 30 per cent of the basic remuneration. A remuneration supplement in the amount corresponding to 15 per cent of their basic remuneration shall be due to the ombudsman, to the general deputy of the ombudsman, and to the special ombudsman.

(2) The ombudsman shall be entitled to forty working days leave per calendar year.

Section 10 (1) As to the social insurance status of the ombudsman, the rules relating to those in employment shall be governing with the proviso that his remuneration shall be the income serving as basis for the social insurance and pension contributions. The payment of contribution and the accounting thereof, as well as the registration and data supply shall be regulated in an agreement concluded by the office of the ombudsman with the General Directorate of National Social Insurance.

(2) The duration of the mandate of the ombudsman shall be regarded as time spent in employment and as service time counting towards pension.

Immunity

Section 11 The ombudsman and the ex-ombudsman shall not be held responsible in court or before any other authority for any fact or opinion communicated by him in the course of the exercise of his mandate. This immunity shall not extend to slander, libel or to the civil law responsibility of the ombudsman.

Section 12 (1) The ombudsman may be taken into custody only if caught in the act, and criminal proceedings or contravention proceedings may be instituted or continued against him, furthermore, coercive measures of criminal proceedings may be applied against him only with the previous consent of Parliament.

(2) The motion for the suspension of immunity shall be submitted to the Speaker of Parliament by the chief public prosecutor before the submission of the bill of indictment, thereafter or in a case with private prosecution by the court. The motion shall be submitted without delay if the ombudsman was caught in the act.

(3) In a case of contravention the motion for the suspension of immunity shall be submitted by the chief public prosecutor to the Speaker of Parliament on the basis of the request of the authority of contraventions.

(4) The motion for the suspension of immunity shall be transferred without delay for investigation by the Speaker of Parliament to the committee dealing with immunity and conflict of interests matters of Parliament, and he shall report on this on the following session day of Parliament.

(5) The committee dealing with immunity and conflict of interests matters shall submit its proposal to decision within thirty days at the latest to Parliament.

(6) Parliament shall decide in the matter without debate, but the ombudsman shall be entitled to make known his position. For the decision in the matter of the suspension of immunity the votes of two thirds of the Members of Parliament shall be required.

(7) The decision made on the subject matter of the suspension of immunity shall be related only to that case for which the motion has been submitted.

(8) If Parliament suspends the immunity of the ombudsman, it shall simultaneously suspend also his right to provide for his tasks resulting from this office.

Section 13 (1) The ombudsman may not waive his immunity - with the exception of proceedings for contravention. This right of his shall be respected by everyone.

(2) The ombudsman shall report without delay to the Speaker of Parliament any injury to his right of immunity. The Speaker of Parliament shall take the necessary measures without delay.

Section 14 The ombudsman shall be entitled to immunity from the day of his election. The person proposed for the office of ombudsman shall be regarded from the point of view of immunity as if he were ombudsman.

Termination of the Mandate of Ombudsman

Section 15 (1) The mandate of ombudsman shall terminate by:

a) the expiry of the term of mandate;

b) death;

c) resignation;

d) the declaration of conflict of interests;

e) discharge;

f) removal from office.

(2) In the cases of paragraphs a) to c) of subsection (1) the termination of the mandate of the ombudsman shall be established and pronounced by the Speaker of Parliament. In the cases of paragraphs d) to f) of subsection (1) Parliament shall decide in the issue of the termination of the mandate. The votes of two thirds of the Members of Parliament shall be necessary for pronouncing the termination of the mandate.

(3) Resignation shall be communicated in writing to the Speaker of Parliament who shall be obliged to accept it.

(4) If in connection with the person of the ombudsman in the course of his activity a conflict of interests arises, he shall terminate it. Parliament shall pronounce the existence of conflict of interests by the votes of two thirds of its Members in a resolution. If the ombudsman does not terminate the conflict of interests within ten days of passing this resolution, Parliament shall - upon the motion of any Member of Parliament - establish in a resolution the termination of the mandate of the ombudsman. From the date of passing the parliamentary resolution establishing the conflict of interests until the passing of the parliamentary resolution pronouncing the termination of the mandate due to this reason the ombudsman may not exercise his authority resulting from this office.

(5) The mandate may terminate by discharge if the ombudsman is not able to meet his duties resulting from his mandate for more than ninety days through no fault of his own. Discharge may be moved for by any Member of Parliament. In case of discharge the ombudsman shall be entitled to three months special remuneration.

(6) The mandate may terminate by removal from office if the ombudsman does not meet his duties resulting from his mandate through his own fault, or commits a criminal offence established in a non-appealable judgement, or becomes unworthy of his office in any other way. The removal from office may be moved for by the committee dealing with immunity and conflicts of interests matters of Parliament after examination of the reasons giving rise to it.

(7) If the mandate of the ombudsman terminates on the basis of paragraph a) of subsection (1), the new ombudsman shall be elected in accordance with the provisions of subsection (6) of Section 4. In the cases of termination of the mandate regulated in paragraphs b) to 1) of subsection (1) hereof the new ombudsman shall be elected within two months.

Proceedings and the Measures of the Ombudsman

Section 16 (1) Anybody may apply to the ombudsman if in his judgement he suffered injury in consequence of the proceedings of any authority (subsection (1) of Section 29) or organ performing public service (hereinafter together "authority"), or its decision (measure) taken in the course of the proceedings and/or of the omission of the measure of the authority in connection with his constitutional rights, or if a direct danger thereof exists, provided that he has exhausted the available possibilities of administrative legal remedies or that no legal remedy is ensured for him.

(2) In order to terminate an abuse connected with the constitutional rights the ombudsman may act also ex officio in case of the existence of the conditions indicated in subsection (1).

(3) Any petition submitted to the ombudsman shall be free of duty.

(4) If the person submitting the petition so requests, his identity may not be revealed by the ombudsman.

Section 17 (1) With the exception contained in subsection (2) the ombudsman shall examine the petition submitted to him. He shall select himself the measure deemed to be purposeful within the framework of this Act.

(2) If in the judgement of the ombudsman the abuse included in the petition is of small importance, the ombudsman shall not be obliged to investigate the petition. He shall notify thereof the person having submitted the petition.

(3) The right of investigation of the ombudsman shall extend to proceedings instituted after the coming into force of Act XXXI of 1989.

(4) If a non-appealable resolution has been in the matter, the ombudsman can be applied to with a petition within one year of the communication thereof.

Section 18 (1) In connection with the non-appealably terminated matters, the ombudsman shall be entitled to control any authority, and in the course thereof - failing any provision to the contrary of a separate Act - he may have access to the localities of the authority. In the interest of exercising his rights, the ombudsman may have access to the areas serving the operation of the armed forces, of the services of national security, of the police and policing organs in the way regulated by the minister having competence thereto. This regulation may not impede the control in effect.

(2) The ombudsman may request data and information of any authority in connection with the proceedings conducted by it or in connection with the omission of proceedings, furthermore, he may inspect the documents, he may request the sending thereof, or if this is not possible, the preparation of copies thereof.

(3) The ombudsman may hear the official in charge of the matter investigated by him or any employee of the organ conducting the proceedings, and may request the conducting of an inquiry by the head of the organ concerned or the head of its supervisory organ or the head of the organ otherwise entitled to the conduction thereof by a legal rule.

(4) In a matter investigated by him the ombudsman may request a written explanation, declaration or opinion of any organ or an employee thereof.

(5) State secrets and the service secrets may not impede the ombudsman in the exercise of his rights regulated in this Section, but the provisions relating to secrecy shall be binding for him as well. The ombudsman shall be under the obligation of secrecy even after the termination of his mandate.

(6) The ombudsman may exercise his right to access to documents of the armed forces, the services of national security and of the police in respect of documents containing state or service secrets in accordance with the limitations laid down in this Act.

(7) In the course of his proceedings concerning the police the ombudsman may inspect documents containing secrets the becoming aware of which would endanger the success of law enforcement on the basis of a permit of the national head of the police. If the national head of police does not permit inspection, the ombudsman may apply to the Minister of the Interior.

(8) The Schedule to the Act shall contain those documents of the armed forces and the services of national security which the ombudsman may not inspect. If, however, the ombudsman deems necessary the examination of the documents enlisted in the Schedule in order to completely unveil the matter, he may apply to the competent Minister, or in the case of the services of national security to the director general heading the service for the examination thereof. The persons requested shall be required to conduct the inquiry desired by the ombudsman (or to have it conducted), and to inform the ombudsman of the result thereof within fifteen days.

(9) In the course of the hearing in accordance with subsection (3) the person may refuse to answer or to make a declaration in accordance with subsection (4) if

a) the person affected by the petition forming basis of the proceedings of the ombudsman is his relative in accordance with subsection (2) of Section 13 of the Code of Civil Procedure, or his common-law spouse;

b) in the course of answering or making the declaration he accuses his relative in accordance with subsection (2) of Section 13 of the Code of Civil Procedure or his common-law spouse of the perpetration of a criminal offence, in the question relating thereto.

Section 19 (1) The ombudsman shall notify the petitioner of the investigation conducted and of his eventual measures.

(2) The ombudsman shall reject evidently unfounded petition, as well as petitions submitted repeatedly and containing no new fact or data on the merits, and he may reject petitions not submitted by the party entitled to do so, or anonymously submitted ones. The rejection shall be justified in all cases.

(3) The ombudsman shall transfer the petition relating to a matter not within his competence to the competent organ, with the simultaneous notification of the petitioner.

Section 20 (1) If the ombudsman comes, on the basis of the investigation completed, to the conclusion that an abuse concerning constitutional rights exists, he may make a proposal for remedy to the supervisory organ of the organ having brought about the abuse with the simultaneous information of the organ concerned. The supervisory organ shall notify the ombudsman within thirty days of receipt of the proposal of his standpoint on the merits formed in connection with the proposal and/or of the measures taken.

(2) If the supervisory organ did not agree with the contents of the proposal, the ombudsman shall inform the supervisory organ within fifteen days of receipt of the communication relating thereto of the maintenance, amendment or withdrawal of the proposal.

(3) If the ombudsman amends the proposal, it shall be regarded as a new proposal from the point of view of the measures to be taken.

(4) In the case of a minister, the Government shall be understood as supervisory organ.

Section 21 (1) If in accordance with the available data the organ bringing about the abuse in connection with constitutional rights is able to terminate this abuse within its own competence, the ombudsman may initiate the remedy of the abuse with the head of the organ concerned. Such initiative may also be made directly (by telephone, verbally etc.); in such case the date, way and essence of the initiative shall be laid down on the document on file.

(2) The organ concerned shall inform the ombudsman within thirty days of receipt of the initiative of his standpoint on the merits of the initiative and/or of the measure taken.

(3) If the organ requested does not agree with the initiative, he shall present it together with its opinion to its supervisory organ within the deadline indicated in subsection (2). The supervisory organ shall notify the ombudsman within thirty days of receipt of the presentation of its standpoint, and/or of the measures taken.

(4) Otherwise, the provisions of subsections (1) to (3) of Section 20 shall governing mutatis mutandis for the further proceedings of the supervisory organ and of the ombudsman, with the proviso that the ombudsman shall notify the supervisory organ whether he maintains the initiative in an unchanged or amended form as a proposal.

Section 22 The ombudsman may make a motion to the Constitutional Court for:

a) the ex post facts examination of the unconstitutionality of a legal rule or any other legal instrument of state direction;

b) the examination of whether a legal rule or any other legal instrument of state direction conflicts with an international agreement;

c) the judgement of a constitutional complaint submitted for the infringement of rights ensured in the Constitution;

d) the termination of unconstitutionality manifesting itself in an omission;

e) the interpretation of the provisions of the Constitution.

Section 23 (1) In accordance with provisions laid down in a separate Act, the ombudsman may initiate with the competent public prosecutor the lodging of a public prosecutor's protest.

(2) The competent public prosecutor shall notify the ombudsman within sixty days of his standpoint concerning the lodging of the public prosecutor's protest, and of his eventual measures.

Section 24 If in the course of his proceedings the ombudsman perceives the well-founded suspicion of the perpetration of a contravention or of a disciplinary delict, he may initiate proceedings directed to the calling to account with the competent organ, and in the case of the perception of a criminal offence he shall initiate the same. In default of any provision of law to the contrary the organ requested shall inform the ombudsman within sixty days of his standpoint regarding the institution of the proceedings, and of the result of the proceedings within thirty days of the termination thereof.

Section 25 If according to the standpoint of the ombudsman an abuse relating to constitution rights is the result of the superfluous, not unambiguous provision of a legal rule or of some other legal instrument of state direction, or that of the absence (insufficiency) of the legal regulation of the given issue, in order to avoid the abuse in the future he may propose to the organ entitled to legislation or to the issue of some other legal instrument of state direction the amendment, repeal or issue of a legal rule (some other legal instrument of state direction). The organ requested shall notify the ombudsman of its standpoint, and/or of his eventual measures within sixty days.

Section 26 (1) If the organ requested by the ombudsman fails to form a standpoint on the merits and to take the measures corresponding to it, or if the ombudsman does not agree with the standpoint, with the measures taken, the ombudsman shall submit the case in the framework of his annual report to Parliament, and - with the exceptions laid down in subsection (2) - he may request that the case be investigated by Parliament. If according to his assessment the abuse is extraordinary grave or if it affects a larger group of citizens, he may initiate that Parliament put the debate of the given issue on its agenda already before the annual report. Parliament shall decide in the matter of putting the issue on the agenda.

(2) In the case according to subsection (1), if the ombudsman has taken the measure indicated in Section 22, or if in the case regulated in Section 25 he applied to Parliament (its Speaker), the ombudsman shall indicate his measures and the measures of the requested organ or the omission thereof in his annual report.

(3) In the case according to subsection (1), if the abuse emerged in connection with the operation of the armed forces, of the services of national security or of the police, and its disclosure would affect a state secret or service secret, the ombudsman shall submit the case together with his annual report, or - if the abuse is extraordinary grave or it affects a larger group of citizens, - prior to the annual report in a report classified as secret to the competent committee of Parliament. The committee shall decide in a sitting held in camera in the matter of putting the issue in the agenda.

Annual Report of the Ombudsman

Section 27 (1) The ombudsman shall make an annual report to Parliament on the experience of his activities - and within the framework thereof, on the situation of the protection of constitutional rights in connection with official proceedings, as well as on the reception of his initiatives, recommendations and on the result thereof. The report shall be submitted to Parliament by the end of the first quarter of the calendar year following the subject year.

(2) The report of the ombudsman shall be published in the Hungarian Official Gazette after the passing of the resolution on it by Parliament.

(3) The special ombudsman shall submit an independent report, which shall be governed by the rules of subsections (1) and (2)

The Office of Ombudsman

Section 28 (1) The tasks of administration and preparation shall be performed by the office of the ombudsman.

(2) The organisational and operational rules of the office of the ombudsman shall be established by the ombudsman.

(3) The operational costs of the ombudsman and of his office organisation, as well as the number of employees thereof shall be determined in a special chapter of the state budget.

(4) The head and the employees of the office shall be appointed and dismissed by the ombudsman.

(5) The legal status of the head of the office shall be identical with that of the deputy secretary of state.

Closing Provisions

Section 29 (1) For the purposes of this Act, an authority shall be:

a) an organ fulfilling a task of state power, state administration;

b) any other organ acting in its jurisdiction of state administration;

c) the armed forces;

d) the police, the policing organ;

e) the services of national security;

f) an organ of justice - except for the courts;

g) local governments;

h) an organ deciding with binding force in legal disputes, outside of the court.

(2) This Act shall come into force on the day of its promulgation.

(3) Within four months of the coming into force of this Act, the ombudsman and his general deputy shall be elected.

(4) The provisions of subsection (3) of Section 3 shall be applied also to the Deputy Minister and to the council member.

(5) An Act may lay down rules departing from this Act for the special ombudsman.

Schedule to Act of 1993

I. In the course of his investigation affecting the armed forces, the ombudsman may not inspect:

1. Any document relating to an invention of outstanding importance from the viewpoint of national defence, serving the defence of the Republic of Hungary, to such product, defence project as well as to the development of the defence capacity, from which one can become aware of their essence.

2. The documents containing the battle order excerpt of the Hungarian Army (hereinafter: HA) including the level of corps, as well as the summarized data concerning the establishment, maintenance and dislocation of military material supplies.

3. Documents containing plans relating to the application of HA in the case of extraordinary state or emergency.

4. Documents relating to the protected command system of the state and military high leadership.

5. Documents concerning fighting value, alarming and system of informing of HA, as well as the summarized documents on readiness to mobilize on the total capability for mobilisation for war, furthermore, the summarized plans of readiness for war of the military territories, and military organisations at the same or of higher level, and the connected documents relating to the whole organisation.

6. The summarized plan of the organisation of communication of the Ministry of Defence (hereinafter MD) and of HA, the cypher and other documentation of the special information protection means introduced or employed.

7. The detailed budget, calculation, and development material of HA.

8. Such plans and co-operation agreements concluded with the ministries of defence and with the armies of other countries, as well as those data of military engineering, which were mutually declared state secrets by the parties.

9. Documents containing summarized data relating to the means and operation of strategic intelligence, as well as to HA counter intelligence.

II. In the course of his proceedings concerning the services of national security, the ombudsman may not inspect:

1. The documents containing the organisational and operational rules of the services of national security.

2. The security documents connected to the objects and staff of the services of national security.

3. The personnel registers and other personnel materials of the services of national security, except when this is requested in writing by the person concerned.

4. Registers serving the identification of private persons co-operating with the services of national security.

5. Documents containing the technical data of the operation of means and methods applied by the services of national security for secret information gathering, or documents making possible the identification of the persons applying them.

6. Documents connected with the number, location, operation of means of computer technique, and the applied software.

7. Documents concerning the ciphering activities, the specialized direction and official supervision thereof.

8. Documents concerning the security document protection and technological control.

9. Documents that have come about in the course of the security protection and clearing of persons filling extremely important and confidential position or office, or nominated for such office, except when this is requested in writing by the person concerned.

10. All documents the becoming aware of which would make possible the identification of a provider of information.

11. The international agreements of the services of national security.

12. All documents the becoming aware of which would infringe an obligation undertaken in respect of the foreign partner services by the services of national security.