I am aware that on 30 September 2013, the Hungarian Parliament adopted a law enabling local authorities to make it a criminal offence to live or sleep in specific public areas. This follows changes to Hungary’s Constitution which were approved by the Parliament on 11 March 2013 and which are collectively known as the Fourth Amendment to the Fundamental Law.
The latter developments prompted the European Commission to express concern that the amendments to Hungary’s Constitution were not compatible with the fundamental values and principles of the EU. In a joint statement on 11 March 2013, the President of the European Commission and the Secretary General of the Council of Europe noted the approval by the Hungarian Parliament of the changes and expressed regret that experts from the Commission and Council of Europe had not been afforded the opportunity to discuss the amendments with Hungarian officials before final approval. I am on record in the Dáil as expressing Ireland’s full support of this joint statement.
Moreover, in its ‘Opinion’ last June, the Council of Europe’s advisory committee on constitutional matters, the Venice Commission, while welcoming language in respect of provision of decent housing and access to public services of the homeless, expressed concern about the new provision in Hungary’s Constitution regarding homelessness. The Venice Commission recalled that the Hungarian Constitutional Court had previously struck down a law penalising the homeless for living in public areas and expressed the view that raising such provisions to the level of the Constitution has the effect of preventing future review by the Constitutional Court.
While several of the changes brought about by the Fourth Amendment were reversed by the Hungarian Parliament’s approval of a Fifth Amendment to the Fundamental Law on 16 September 2013, regrettably the provision regarding homelessness remains intact.
Ireland would recall that all EU member states have committed to respect the rule of law and protect fundamental human rights, and to ensure that their national laws comply with EU values. These values are set out in the Treaty and also in the European Convention on Human Rights to which all Member States are party. I would strongly encourage the Hungarian Government to continue to engage fully with the relevant international bodies to ensure that it meets its obligations as regards respect for democratic principles and the safeguarding of fundamental rights.
I have asked our Embassy in Budapest to keep me informed of developments on this issue.
