2000 Regular report from the Commission
on Hungary's Progress towards Accession
8 November 2000
B. Criteria for membership.
1. Political criteria. Introduction [p. 13.]
[…] In its 1999 regular report on Hungary's progress towards
accession, the Commission concluded that: "Hungary fulfils
the Copenhagen political criteria. Two areas still need attention.
The first is the situation of the Roma, where the government
is beginning to implement its medium-term Roma action plan
and needs to make available adequate budgetary resources.
The second is the fight against corruption where recent efforts
need to be reinforced." […]
1.1. Democracy and the rule of law. Anti-corruption measures
[p. 16.]
[…] The fight against corruption, which remains a problem,
continued to be high on the political agenda of Hungary's
preparations for accession to the EU. The government - on
the initiative of the Justice Ministry as the main co-ordinator
of a national strategy against corruption - took the following
action to address the situation:
- A large-scale development programme was launched within
the law-enforcement and public safety services following
a substantial increase in the number of cases. The programme
comprises a special psychological test, and new training
and operational methods which help police and border guards
to recognise and avoid situations of corruption. The administrative
capacity of the forces of law and order was also improved
through additional staff (86) for the Security Service of
the Forces of Law and Order, the reinforcement of the Mobile
Controlling Unit at the National Police Command (these forces
are to fight corruption internally within the police) and
the upgrading of audio-visual equipment. The internal security
force monitors some 80,000 officials in the police, tax
police, customs and finance guards, fire departments and
penal institutions. Since January 2000, policemen have also
worn a name tag so that citizens can more easily identify
them. Citizens can call a free telephone number if they
suspect police corruption.
- A discussion paper on the Code of Ethics was presented
to the broader public with the aim of basing the forthcoming
Code of Ethics on broad social and professional consensus.
Under new conflict-of-interest legislation concerning local
government representatives, economic and other leadership
positions considered to be incompatible with the mandate
of local government representatives have to be given up.
Such positions include the leading positions at budgetary
institutions within the Central State administration. In
addition, elected local government representatives are not
allowed to be involved with companies which have contractual
relationships with local government, or to occupy leading
positions at public foundations and/or companies set up
by local Self-Governments.
- The Council of Europe Convention on Criminal Law was signed
in April 1999, but is not yet ratified.
- The Council of Europe Convention on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime was
ratified by Parliament in December 1999.
The OECD Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions was promulgated
by Parliament. […]
1. 3. General evaluation [p. 20-21.]
[…] Hungary continues to fulfil the Copenhagen political
criteria.
Further progress in the modernisation of the public administration
is apparent from the continued implementation of the 1999
development programme.
Although the judiciary functions satisfactorily and the training
of judges in the EC acquis has progressed, the large backlog
of cases before the Supreme Court hampers the unification
of Court practice and the development of a consistent jurisprudence.
Efforts should be made to remedy this. Sustained training
programmes for civil servants and judges should continue,
in line with the medium-term priority of the Accession Partnership.
Despite a number of important measures taken to fight corruption,
this remains a problem and renewed efforts should be made
to address this issue. […]
2. Economic criteria. 2.3. Assessment in terms of the
Copenhagen criteria [p.28.]
[…] The legal system functions well, property rights are
fully established, contract enforcement is good, and in general,
public procurement procedures are effective. However, in an
effort to speed up the motorway construction programme outlined
in the National Development Plan (the Széchenyi plan), the
Hungarian authorities have not applied the normal public procurement
procedures required under national law. They chose to negotiate
with a short list of pre-qualified companies, suggesting a
lack of transparency and giving the impression of corruption.
The Budapest stock market provides for the efficient transfer
of property rights. […]
3. Ability to assume the obligations of membership. 3.1.
The chapters of the acquis. Chapter 24: Co-operation in the
field of justice and home affairs. Overall assessment [p.
71.]
[…] In June 2000 a forensic laboratory was opened that can
conduct DNA tests to high standards at the National Police
Criminal Research and Analysis Institute in Budapest.
In the area of fight against fraud, corruption and money
laundering Hungary promulgated in July 2000 the 1990 Council
of Europe Convention on laundering, search, seizure and confiscation
of the proceeds from crime. In view of the smooth application
of this Convention, the Criminal Code was amended with the
penalising of laundering of all financial gains realised by
committing any kind of criminal act. At the Hungarian Customs
and Finance Guard a Central Investigation Office with a staff
of 130 was set up empowered to carry out nation-wide investigations.
In February 2000, the Ministry of Justice signed up to a project
of the UN Inter-regional Criminal and Judicial Research Institute,
providing access to a scholarly research into corruption.
In 1999, the number of registered drug abuses grew by 800
to 2,860 making Hungary a new target country for drugs. The
number of drug addicts receiving medical treatment rose continuously
to 12,454 in 1999.
In July 2000, the government approved the National Strategy
to Combat the Drug Problem putting special emphasis on preventive
measures. The main objective of the strategy is to introduce
combined demand and supply reduction programmes.
In the field of customs co-operation Hungary started preparations
to transpose the provisions of the Customs Information System
Convention (see chapter 25-Customs Union). In the framework
of the re-organisation of the Customs and Finance Guard a
decentralised risk analysis system was introduced.
Hungary also transposed the basic instruments of international
judicial co-operation. The OECD Convention on Combating Bribery
of Foreign Public Officials in International Business Transactions
was promulgated in May 2000. For procedures related to extradition,
the co-operation functioned satisfactorily, but there is still
room for improvements, particularly as regards direct contacts
between the competent judicial authorities. The Ministry of
Justice is the central authority to receive requests for extradition,
but the metropolitan court has the exclusive competence on
the substance. […]
C. Conclusion [p. 81.]
[…] Despite a number of important measures taken to fight
corruption, this remains a problem and renewed efforts should
be made to address this issue. […]
URL: http://europa.eu.int/comm/enlargement/dwn/report_11_00/word/en/hu_en.doc
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