90
(2) Staff members of the Commissioner for Fundamental Rights authorized by him/her to
perform the tasks related to the national preventive mechanism may, if they have the personal
security clearance certificate of the required level, obtain access to classified data also without the
user permission specified in the Act on the Protection of Classified Information.
(3)179 The Commissioner for Fundamental Rights shall authorize, from among the public
servants of the Office of the Commissioner for Fundamental Rights, on permanent basis, at least
eleven staff members to perform the tasks related to the national preventive mechanism. The
authorized public servant staff members shall be 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. In addition to the public servant staff members, the
Commissioner for Fundamental Rights may also authorize, either permanently or on an ad hoc
basis, other experts to contribute to performing the tasks related to the national preventive
mechanism.
(4)180 Among the public servant staff members authorized to perform the tasks related to the
national preventive mechanism there shall be at least one person who has been proposed by the
Deputy Commissioner for Fundamental Rights responsible for the protection of the rights of
nationalities living in Hungary and at least two persons each with a degree in law, medicine and
psychology, respectively. Among the authorized public servant staff members, the number of the
representatives of either sex may exceed that of the other by one at the most.
Section 39/E181 No one shall suffer any disadvantage for providing information to the
Commissioner for Fundamental Rights or to his/her staff members authorized to perform the
tasks related to the national preventive mechanism.
Chapter IV
The annual report of the Commissioner for Fundamental Rights
Section 40 – (1) The Commissioner for Fundamental Rights shall submit his/her annual
report to the Parliament until 31 March of the calendar year following the reporting year.
(2) In his/her annual report the Commissioner for Fundamental Rights shall
a)182 give information on his/her fundamental rights protection activities, presenting in separate
chapters his/her activities pursuant to the stipulations of Section 1, Subsections (2) and (3) and
Section 2, Subsection (6), respectively, and his/her activities conducted in connection with
inquiring into public interest disclosures.
b) give information on the reception and outcomes of his initiatives and recommendations, and
c) evaluate the situation of fundamental rights on the basis of statistics compiled on the
infringements related to fundamental rights.
(3) The Parliament shall debate the report during the year of its submission.
(4) The report of the Commissioner for Fundamental Rights shall be published on the website
of the Office after the Parliament has passed a resolution on it.
Chapter V
The Office of the Commissioner for Fundamental Rights
Section 41 – (1) The administration and preparation related to the tasks of the Commissioner
for Fundamental Rights shall be performed by the Office.
Shall enter into force with the text amended by Section 9, Subsection (3) of Act CCXXIII of 2013
Shall enter into force with the text amended by Section 9, Subsection (4) of Act CCXXIII of 2013
181 Enacted by Section 9 of Act CXLIII of 2011 Effective as of January 01, 2015
182 Stipulated by Section 10 of Act CXLIII of 2011 Effective as of January 01, 2015
179
180
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