Deficiencies in the legal rule - amendments proposed by the Ombudsman regarding the regulation of enforcement

The deadlines for certain enforcement procedures should be set by the law. It should be made possible to establish the assessed value of real properties on the basis of their true market value. The efficiency and effectiveness of enforcement, and the remuneration and interest of bailiffs should be intertwined. Commissioner Máté Szabó, who repeatedly and vainly asked for the amendment of the legal terms of enforcement in the past, has proposed changes in his two new reports. 

In the course of his comprehensive review of the enforcement system, the Ombudsman has pointed out deficiencies infringing the right to a fair procedure, the right to property and the requirement of legal certainty. For instance, the deadlines for the enforcement proceedings, as well as the fact that the bailiff should be informed in due time of the launch of the liquidation are not regulated.

The Ombudsman has also pointed out that there is no relationship between the bailiffs' remuneration, interest and the efficiency and effectiveness of the proceedings. The Commissioner has repeatedly requested the competent minister to amend the decree on the remuneration of bailiffs; however, this has not taken place up till now. Máté Szabó has also indicated that the deadline for paying the recovered amount to the party seeking enforcement is not stipulated by law. It is a source of problem that the interest on the amount on the deposit account is the due of the bailiff and not the party seeking enforcement, in whose interest the bailiff acts.

The Commissioner for Fundamental Rights has requested the Minister of Public Administration and Justice to amend the relevant legal regulations. His proposals include, for example,  accelerating the process of vehicle confiscation, thus preventing the debtor from disposing of the vehicle before impounding. Furthermore, the rules for the value assessment of real estates (including the time after which the value estimation may be modified) should be revised in order to make possible the establishment of the appropriate market value. The Commissioner considers it problematic that the inspection of the real estate is not clearly regulated in the case of an e-auction sale of the property; therefore he calls for a solution which does not unnecessarily burden the bidders, the debtors and the owners. Ombudsman Máté Szabó has also pointed out that, in case execution is levied on residential properties, the interests of children should be taken into consideration to a greater extent and he also suggests to reconsider through what kind of institutional arrangements, new and amended legal provisions it can be achieved.