Annex 1 – The NPM’s response to the conclusions… Human and financial resources 13. In connection with the recommendation made in Point 24 of the Subcommittee’s report, it has to be pointed out that, in Hungary, the tasks of the NPM are performed by the Commissioner for Fundamental Rights. The administration and preparation related to the tasks of the NPM shall be performed,315 and the costs of the performance of those tasks shall be borne by the Office.316 The budget of the Office is allocated, in an act, by the Parliament electing and hearing the Commissioner for Fundamental Rights. As the Office is not a budgetary organ under the Government’s management and supervision,317 reducing the total of its revenue and expenditure falls within the exclusive competence of the Parliament.318 The Office has to prepare annual reports to the Parliament on the utilisation of its budgetary resources. 14. Pursuant to the Act on Public Finances, the method of performing public tasks should be defined in a law and at the same time, provisions should be made on ensuring the financial coverage for performing these tasks.319 Since the justification in the chapter attached to the bill on the central budget specifically contains the obligation of performing the tasks of the NPM, the central budget covers the costs earmarked by the Office. The budgetary resources available as mentioned above cover the costs of implementing the annual visitation schedule of the NPM, including the hiring of external experts and the regular further training sessions as well.320 15. There is no public official physician among the staff members of the Office authorised on a permanent basis to carry out tasks related to the NPM.321 The Act defining the legal status of public servants,322 employed in the Office, does not rule out ab ovo the employment of a physician as a public servant. Should anybody meeting the statutory requirements323 apply for the position of physician, the NPM could hire them. In Hungary, healthcare activity may be conducted by a person who has the professional qualifications and has undergone the necessary proSection 41(1) of the Ombudsman Act. Section 41(4) of the Ombudsman Act. 317 Section 1(11) of Act CXCV of 2011 on Public Finances. 318 See Section 18(3)a) of Act C of 2017 on the 2018 Central Budget of Hungary. 319 Section 3/A(3) of Act CXCV of 2011 on Public Finances. 320 For details, see Paragraph 26 herein. 321 Section 39/D, Subsection (4) of the Ombudsman Act. 322 Section 39, Subsections (1) and (6) of Act CXCIX of 2011 on Public Servants. 323 In accordance with Section 39/D(3) of the Ombudsman Act: “experts with a graduate degree and having an outstanding knowledge in the field of the treatment of persons deprived of their liberty or having at least five years of professional experience”. 315 316 151