GAP-JOURNAL 2012/13 - AFA

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Hungary
In 2008, in Hungary adifferent Ombudsperson from commissioners who report toenvironment
ministers or auditor generals was created to actively defend the rights of future
generations. The Hungarian Parliamentary Commission for the Environment’s task was
to monitorthe enforcement ofthe interests of future generations.
Potential candidates had to fulfill specific requirements that they be lawyers, have extensive
experience with environmental law and meet astrict set of personal characteristics
toensure that there are no conflicts of interest. The parliamentary Commissioner’s
majorauthorities included (ParliamentaryCommissioner for FutureGenerations 2011):
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monitoring of legislative developments and proposals at the state level inorder
to ensure that they will not pose athreat to the environment and future generations;
providing opinions to members of parliament as well as other entities that seek
to take actions affectingthe environment and future generations;
conducting investigations into potential oralleged violations or threats to the
environment and future generations;
reviewing the actions of and assist municipal and other local governments as
well;
ordering that an action bestopped ormodified or bring acase tocourt if
deemed necessary as sanctions after an investigation.
The Commissioner occupied aunique place compared to the Ombudsman institutions
mentioned above. Even though his mandate included environmental concerns, they were
expressed interms ofprotecting future generations connecting the position directly to
future generations rather than the secondary or deductive links found in other positions
and their mandates. The Hungarian Ombudsman was given broad jurisdiction, subject to
aset of guidelines for investigations and had the ability toinvestigate and sanction public
institutions, which gave the position asense of independence. The office term was
regulated inthe statute insuch away that the removal ofthe Ombudsman is difficult
without cause (World Future Council 2010, Göpel 2011).
As of January 1, 2012, the four Ombudsmen (Commissioner for Civil Rights, Privacy
Commissioner, Commissioner for MinorityRights and the Ombudsman for Future Gen-