On New Rules of Compensation for Accommodation Conditions Violating Fundamental Rights

Abstract

In my opinion, the legislator did not take into account that if the situation of overcrowding in penitentiary institutions does indeed disappear completely, the following issues will have to be faced: applicants will not be allowed to lodge a monetary compensation claim or other action for damages caused by other conditions of their accommodation, and the right to apply to the court will be excluded. Therefore, detainees will be in an awkward situation since no effective legal remedy is granted neither in compensation proceedings under the Hungarian Prison Act nor in a lawsuit concerning the violation of certain rights relating to personality under the Hungarian Code of Civil Procedure or the Civil Code. It is rather doubtful, whether this could ‘pass the test’ before the ECHR, since the quasi non-recognition of the possibility of accountability is inconceivable under the rule of law.