In a report published today, GRECO praises Hungary for taking steps in recent years to reduce corruption in its legislative, judiciary and prosecution sectors of government.
But the report includes recommendations to improve anti-corruption measures in all three areas, such as a call for a code of ethics for MPs, curbing immunities with respect to criminal proceedings for judges and prosecutors and stricter regulation of gifts given to public officials.
“Fighting corruption is essential for all Council of Europe member states,” said Council of Europe Secretary General Thorbjørn Jagland. “I urge Hungary to follow the recommendations made by GRECO in this new report.”
Regarding the legislative branch, the group calls for more transparency. Third party involvement is not perceived as being sufficiently transparent since there is no lobbying regulation at parliamentary level. The report stresses a need to establish codes of ethics/conduct for members of parliament to complement existing regulations with guidance, particularly in situations where MPs are faced with conflicting interests.
The report calls on Hungary to ensure a better balance between different authorities responsible for judicial administration, to minimise potential risks of discretionary decisions: for example, with regard to the appointment and promotion of judges. The report welcomes a recently adopted Code of Ethics for judges, but it could be made more explicit and should be accompanied by dedicated in-service training.
Concerning the prosecution service, more should be done to ensure adequate checks and balances to prevent the potential for malpractice and corruption. The independence of the Prosecutor General from political influence would be clearer if this official could not be re-elected, according to the report. Moreover, disciplinary proceedings in respect of ordinary prosecutors would benefit from being made more transparent and connected to broader accountability.
The report stresses that immunities for public officials be reduced in scope. MPs, judges and prosecutors all enjoy immunity in the strict sense (inviolability) in respect of all criminal offences, except for situations of “in flagrante delicto”. Such privileges, ought to be reduced to the extent necessary for the functions of the officials concerned; they may otherwise counteract efficient corruption prevention in respect of these officials.
By the end of September 2016 Hungarian authorities are to report back on measures taken to implement 18 recommendations included in this report. GRECO will then assess the implementation of the recommendations in a “compliance report” in the first half of 2017.
____________
The Group of States against Corruption (GRECO) is a Council of Europe body that aims to improve the capacity of its members to fight corruption by monitoring their compliance with anti-corruption standards. It helps states to identify deficiencies in national anti-corruption policies, prompting the necessary legislative, institutional and practical reforms. Currently it comprises 48 European states and the United States of America.
