According to Article 30 of the Basic Law, the Commissioner for Fundamental Rights (hereinafter: CFR) is nominated by the President of the Republic and elected by Parliament for 6 years to carry out activities guaranteeing the protection of fundamental rights. The CFR is solely accountable to the Parliament.

The main task of the Commissioner is to inquire into any improprieties relating to constitutional rights it has become aware of and to initiate general or particular measures for their redress.

The Commissioner gives opinions on draft rules of law affecting his tasks and competences; and may make proposals for the amendment or making of rules of law affecting fundamental rights and/or the recognition of the binding nature of an international treaty.

The Commissioner surveys and analyses the situation of, and prepares statistics on infringements of fundamental rights in Hungary. The Commissioner submits its annual report to the Parliament, which provides information on its fundamental rights activities and issues recommendations and proposals for regulations or any amendments. The Parliament discusses the report during the year of its submission.

In the course of his activities, the Commissioner for Fundamental Rights cooperates with organisations that aim at the promotion of the protection of fundamental rights.

As part of his mandate, the Commissioner may initiate the review of legislation at the Constitutional Court as to their conformity with the Basic Law. The Commissioner also initiates the review of the conformity of municipality decrees with acts of law before the Curia (High Court).

Furthermore, the Commissioner participates in the preparation of national reports based on international treaties relating to his tasks and competences, and monitors and evaluates the enforcement of these treaties under Hungarian jurisdiction.

By virtue of Section 4 of Act CLXV of 2013 on Complaints and Public Interest Disclosures (Complaints Act), as of January 1, 2014, public interest disclosures may also be submitted through the secure electronic system operated by the CFR.

Under the Act CXLIII of 2011 on the Promulgation of the Optional Protocol to the Convention against Torture (OPCAT), as of January 1, 2015, the tasks of the National Preventive Mechanism in Hungary are performed by the CFR.

The Commissioner has two deputies: the Deputy-Commissioner responsible for the Rights of Nationalities and the Deputy-Commissioner for Future Generations.

Head of institution

Ákos Kozma, The Commissioner for Fundamental Rights of Hungary

Website

http://www.ajbh.hu/en/web/ajbh-en/

Address

H-1055 Budapest, Falk Miksa u. 9-11, Hungary
H-1387 Budapest, PO Box 40, Hungary

Year of establishment

1996

Accreditation status

B

Year of accreditation

2014

Number of staff

158

Regional offices

NA

Mandate(s)

  • Ombuds
  • National Preventive Mechanism under OPCAT Art. 3 (NPM)
  • Monitoring body under Freedom of Information Act

Core functions

  • Monitoring
  • Publishing research, recommendations, opinions
  • Reporting to international and regional human rights mechanisms
  • Complaints handling
  • Legal assistance (but not free legal aid)
  • Advising government, parliament and other public bodies
  • Supporting the work of human rights defenders
  • Cooperation with civil society organisations
  • Human rights education and training
  • Awareness raising activities
  • Dealing with complaints connected to Public Interest Disclosure