Hungarian Parliament rejects president's first nomination
By Magdolna Toth Nagy
On December 17, political infighting resulted in failure to confirm Hungarian President Laszlo Solyom's nomination of international lawyer and ELTE Law Faculty member Boldizsar Nagy for the position of 'green ombudsman,' a post established recently with the support of all five sitting political parties.
Responding to outside initiative from an NGO called Vedegylet (Protect the Future), Parliament adopted a bill in November to amend 1993's Act on Parliamentary Commissioners (Ombudsmen) to create the new position, and thereby to replace the existing human rights deputy.
Solyom, a former member of Vedegylet, lobbied for such a bill in 2000, but was unable at the time to muster the political support necessary to adopt the proposal. Nonetheless, Vedegylet has continued to press the issue, and was ultimately instrumental in securing unanimous agreement on the bill.
The impact of establishing the green ombudsman post (the official title of which is Ombudsman of Future Generations) is that it could provide unprecedented assistance in working toward sustainable development and environment protection in the coming years. The ombudsman mandate is based on guaranteeing the right of citizens to live in a healthy environment, and is a unique office in Europe and the world. Only Finland and Israel have similar institutions.
The new ombudsman, compared to the existing one, will have expanded jurisdiction. The most significant added power is that he or she will be entitled to suspend environmental permits and operating licenses (mostly local government licenses) by calling in the appropriate authorities. The new official will also will be able to gain access to private property when necessary, and has the right to access private documents during an investigation.
It is currently the case that an ombudsman has the right to give opinions on matters which are not legally binding; the ombudsman's expanded power, however, now means that he or she may, apart from issuing recommendations, seek remedies at higher administrative levels and also initiate court litigation where environmental violations are concerned. The ombudsman will also be entitled to intervene in ongoing judicial proceedings and reveal details of infringements to the broader public.
The existing ombudsmen in Hungary do not have the powers to sue legal persons such as companies, organizations or associations who are suspected of legal non-compliance. The ombudsman for human rights, however, recently applied to Parliament to be granted expanded powers regarding redress to courts and litigation proceedings.
The last major difference is that the green ombudsman will focus primarily on private companies and not the public sector, as the former is responsible for the most environmental damage.
Boldizsar Nagy, the rejected nominee, was an early supporter of establishing the green ombudsman in Hungary, and is a key figure in popularising the idea in the country. He also represented Hungary in the International Court of Justice during a lawsuit concerning the Bos-Nagymaros Dam, which took place during 1993-97. The trial led to the abandonment of plans to build a second hydroelectric dam on the Danube River.
