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For attention of the President of Hungary

2013.07.24

 For attention of the President of Hungary

 

Dear President!

We are experiencing serious troubles in Hungary’s democratic functioning, the constitutional state is in danger due to certain state institutes’ disfunctional operating method.

We are addressing to the President of Hungary, who based on our Constitution (Article 9.1) looks after the democratic functionning of the state.

The Prosecution Service should act against miscarriages and prevent them (Article 29.) The Prosecution Service should also protect the public interest (CLXIII. Law of 2011 1.2)

In relation to an extremly important lawsuit, the public prosecutor received questions from The Curia of Hungary (Supreme Court).

In his response, the public prosecuter stated several untruth information and consequently his conclusion was false. Apperently the public prosecutor, in order to protect economic and bank interests, forgot about his mission: the protection of public interest.

The Hungarian Financial Supervisory Authority (HFSA), being a consumer protection authority, beside providing inspection over financial organisms (Article 42.) and ensuring their efficient, smooth and transparent operation, should also protect the consumers of financial services.

The President of HFSA received several questions from The Curia of Hungary regarding the caractheristics of foreing currency based loans. In his response, the President of HFSA stated several untruth information. In order to achieve his goal, he confused notions and categories, therefore he arrived to a false conclusion. Apperently the HSFA, in order to protect economic and bank interests, forgot about its mission: the protection of consumers.

Both the public prosecutor and the President of HSFA deliberately tried to mislead The Curia of Hungary in order to influence the decision of a very important lawsuit.

They wanted The Curia of Hungary to declare that the contract they were examining was legal and valid.

The attempt failed and The Curia of Hungary made its decision based on facts. The Curia of Hungary announced that the contract was void.

Our opinion is that the public prosecutor and the President of HSFA misused their power and abused their constitutional mission undermining the constitutional state in Hungary.

Providing false allegation, they proved to be professionally not competent to meet the requirements of their position within the frame of constitutional state.

We agree that our homeland cannot be a country where such an abuse do not lead to serious consequencies.

It is inadmissible that the leaders of authorities state untruth information, therefore we are asking the President of Hungary to:

 

  • recommend to the Parliament the suspension of the public prosecutor based on law CLXIII. tv. 23.§. (7);
  • start dismissal process of the President of HSFA based on law 2010. CLVIII. tv. 18. §. (1) ba., as the behaviour of the President of HSFA obstructed the proper operations of the Supervisory Authority.

Furthermore, we request investigation of their services to find out who else participated in the preparation of these unprofessional documentations.

Declaration of these obviously fasle information could only happen due to certain interests which is inadmissible in a constitutional state therefore investigations must happen and its penalty is indispensable.

References:

·         The professional opinion of the public prosecutor P.KvFG.3709/2013

·         Response of the Financial Supervisory Authority to the questions of The Curia of Hungary in relation to certain foreing currency based loans(isz: 72811-4/2013)

·         Intermediate judgement of The Curia of Hungary Gfv.VII.30.078/2013/14.

 

Yours sincerely,

 

Csécsei Ilona, Dudás Anna, Fekete László, Kalmár Mária,

Papp Péter, Szabó József, Tiszai Tímea

activists of Credible Movement

 

Simó Endre, 

Hungarian Social Forum

 

Tatár József, 

Council of Home Protection

 

Madari Tibor 

President of Public Financial Monitoring Association

 

  

Budapest, 21/07/2013

 

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