Hungary establishes electronic freedom of information regime

The Hungarian Parliament has passed in July 2005 a law on electronic freedom of information, which according to the Ministry of Informatics and Communication makes Hungary one of the most progressive countries in the world with regard to the publicity of information of public interest.

The primary goal of the law on electronic freedom of information is the establishment of the legal environment required to create a transparent state. The law therefore prescribes the list of specific data of public interest that must be published on the Internet; the publication of draft bills, laws, and - partially - the anonymous form of court decisions; and finally, the creation of a search system that makes the published data searchable and retrievable. The law also puts an obligation on ministries and municipalities to provide a forum on their websites where users can express their opinion regarding the draft bills published on the Internet, thus allowing citizens to participate in the legislative process in an immediate manner.

In order for legal security to be enforced it is not enough that the Hungarian Official Journal is freely accessible to everyone, for in many cases one act modifies several other acts, possibly taking effect on different dates, which makes the legal system incomprehensible for the citizen. Therefore the law contains a provision on the creation of the Electronic Collection of Effective Laws, which shall contain the effective text of all laws in force on a given calendar day in a unified structure.

The law on electronic freedom of information will enter into force in several steps. The Electronic Collection of Effective Laws will become operational as of 1 January 2006. On the same day the obligation of electronic publication for major public administrative bodies will enter into force, and draft bills and laws must be also published on the Internet by that time.

County municipalities and the municipalities of cities with a population of over 50,000 inhabitants must publish their data online as of 1 January 2007. By the same date, the Supreme Court must publish its rulings in anonymous form.

The obligation of municipalities of settlements with a population below 50,000 and of other organs performing public duties to publish their data in electronic form will start as of 1 July, 2008.

The Minister of Informatics and Communications Kálmán Kovács said: «the law on electronic freedom of information serves to strengthen democracy by making the state more transparent, by ensuring access to data of public interest, and by promoting legal security. It increases the trust of citizens in the institutions of the state and municipalities, and contributes to the simplification of bureaucratic procedures». The minister emphasized that «the law is a significant step towards strengthening society’s control over the public sphere».

eGovernment News - 19 September 2005 - Hungary - Legal aspects

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http://europa.eu.int/idabc/en/document/4710/194