Information on K-Monitor’s legal actions and their progress.
Advocacy
Summary
K-Monitor has a key focus on data related to public funds, transparency of public funds and the efficiency of bodies that oversee the use of public funds in Hungary. If necessary, K-Monitor takes legal actions to enforce their transparency.
At stake: The ministry has not responded at all to our FOI request asking about the costs of Prime Minister Viktor Orbán’s and his entourage's official conference visit to Rome in the summer of 2021.
The Budapest Court of Appeal ordered the Ministry to release all the data. The judgment is final.
At stake: K-Monitor filed a FOI request to get the contracts concluded by the Ministry of Finance with a project company named PM-TÉR6 Ltd. By these contracts the Ministry granted funds for a building reconstruction that are worth more than HUF 86 billion. The Ministry invoking COVID law extended the deadline for response twice, but in the end, it did not send us the contracts.
The Budapest Court of Appeal ordered the Ministry to provide the data, as it could not provide a legitimate reason for refusing to comply with the request. The judgment is final.
At stake: Following high profile corruption cases in the justice system, we filed a FOI request for a list of the NOJO's contracts of HUF 5 million or more that were concluded in the last five years for public duties. The NOJO first extended the deadline to reply and then informed us that it did not have a list of its contracts at all.
The first instance court ordered the NOJO to disclose the data. The judgment is not final.
At stake: We requested the dates and summaries of government meetings held by the Bajnai administration in October 2009, but the PM Orbán' Office refused to provide the documents.
The Budapest Court of Appeal ordered the Government Office to release the data. The judgment is final.
At stake: The Hungarian State Treasury has refused to provide us with the cadastral of the City Galgahévíz.
The Metropolitan Court of Budapest, as the court of first instance, ordered the MÁK to release the data. The judgment is not final.
At stake: We requested the release of a study commissioned by the Ministry of the Interior from the Boston Consulting Group, but the Ministry refused to release the data on the health care reform, claiming that the study was used to back up further decisions of the Govermnent. We filed a lawsuit with the help of the Hungarian Civil Liberties Union. The Budapest Court of Appeal as the court of second instance, overturned the judgment of the court of first instance and dismissed our action.
We challanged the court decision before the Constitutional Court.
The case factsheet is available on the website of the Constitutional Court.
At stake: The former Ministry of Innovation and Technology (ITM) drafted Act CXLV of 2020 on the Unified Electronic Sales of Certain Public Services. According to its explanatory memorandum, 'the operation of the unified sales system introduced by Act CC of 2011 on the National Mobile Payment System has produced results, both in terms of economies of scale and customer experience, that support the maintenance of a unified platform.' In order to know the underlying results, a data request was made to ITM. ITM refused to release the data, so we turned to the National Authority for Data Protection and Freedom of Information. The Authority asked the Ministry to release the data, but the Ministry did not do so. We therefore filed a lawsuit against the successor to the ITM.
The action is currently being examined by the court.
Grant Contracts of the Ministry
At stake: Although the Ministry of Finance has published the main details of the contracts on its website, it has refused to disclose the grant contracts it has concluded with L.A.C. Holding Zrt. and VIVIENVÍZ Kft.
The Metropolitan Court of Budapest ordered the Ministry to release the data. The judgment is not final.
Contracts of the Government
At stake: The state-owned company dedicated for tourism not only failed to comply with proactive disclosure obligations under the Information Act, but also refused to comply with our FOI request for contracts concluded by the company.
The case is currently being heard on the merits.
At stake: Despite our requests for detailed information on the circumstances of the appointment of Hungarian hospital leaders, the OKFŐ sent us only a general information in response, stating that all appointments were made in accordance with the law. We received the same reply from all the hospitals to which we also sent a request for data. As we believe that it is in the public interest to know the the details of the procedure by which the heads of the health service are selected and appointed, we turned to court.
As the OKFŐ failed to respond to the application, the court issued an injunction and ordered the defendant to disclose the information.
Infection and Mortality Data
At stake: Despite the fact that the NNC had previously provided us with data on the incidence and mortality associated with the coronavirus epidemic, in 2021 they only sent us a short website post in response to our data request, asking for data broken down by municipality.
The Metropolitan Court of Budapest ordered the Ministry to release the data. The judgment is not final.
Procurements Exempted from
At stake: During the pandemic, the public procurement procedures were allowed to be bypassed with a ministerial permission. This meant that many procurements were made without following normal procedures set by law. The Ministry of the Interior did not respond to the data request, so we filed a lawsuit.
The case is currently being heard on the merits.
PM Orbán’s Travel Costs
FOI case
Defendant: Ministry of Foreign Affairs and TradeAt stake: The ministry has not responded at all to our FOI request asking about the costs of Prime Minister Viktor Orbán’s and his entourage's official conference visit to Rome in the summer of 2021.
The Budapest Court of Appeal ordered the Ministry to release all the data. The judgment is final.
State Assets to Public Interest Trusts
FOI case
Defendant: Hungarian National Asset Management Inc. (in Hungarian: MNV Zrt.)
At stake: We have requested MNV Zrt. to send us the contracts of the public interest trusts that were newly established last year after the Hungarian state transferred its assets for free to the public interest trusts run by MPs and members of the Government.
The lawsuit was settled and MNV Zrt. handed over the contracts.
Ministry of Finance's project funds
FOI case
Defendant: Ministry of FinanceAt stake: K-Monitor filed a FOI request to get the contracts concluded by the Ministry of Finance with a project company named PM-TÉR6 Ltd. By these contracts the Ministry granted funds for a building reconstruction that are worth more than HUF 86 billion. The Ministry invoking COVID law extended the deadline for response twice, but in the end, it did not send us the contracts.
The Budapest Court of Appeal ordered the Ministry to provide the data, as it could not provide a legitimate reason for refusing to comply with the request. The judgment is final.
National Order of Judicial Officers’ Contracts
FOI case
Defendant: National Order of Judicial Officers (NOJO)At stake: Following high profile corruption cases in the justice system, we filed a FOI request for a list of the NOJO's contracts of HUF 5 million or more that were concluded in the last five years for public duties. The NOJO first extended the deadline to reply and then informed us that it did not have a list of its contracts at all.
The first instance court ordered the NOJO to disclose the data. The judgment is not final.
Government Meeting Summaries
FOI case
Defendant: Government Office of the Prime MinisterAt stake: We requested the dates and summaries of government meetings held by the Bajnai administration in October 2009, but the PM Orbán' Office refused to provide the documents.
The Budapest Court of Appeal ordered the Government Office to release the data. The judgment is final.
Cadastral Data Used for Farm Subsidies
FOI case
Defendant: Hungarian State TreasuryAt stake: The Hungarian State Treasury has refused to provide us with the cadastral of the City Galgahévíz.
The Metropolitan Court of Budapest, as the court of first instance, ordered the MÁK to release the data. The judgment is not final.
BCG's Study on the Hungarian
Health Care Reform
FOI case
Defendant: Ministry of InteriorAt stake: We requested the release of a study commissioned by the Ministry of the Interior from the Boston Consulting Group, but the Ministry refused to release the data on the health care reform, claiming that the study was used to back up further decisions of the Govermnent. We filed a lawsuit with the help of the Hungarian Civil Liberties Union. The Budapest Court of Appeal as the court of second instance, overturned the judgment of the court of first instance and dismissed our action.
We challanged the court decision before the Constitutional Court.
The case factsheet is available on the website of the Constitutional Court.
Efficiency Studies on the Mobile
Payment System
FOI case
Defendant: Prime Minister's OfficeAt stake: The former Ministry of Innovation and Technology (ITM) drafted Act CXLV of 2020 on the Unified Electronic Sales of Certain Public Services. According to its explanatory memorandum, 'the operation of the unified sales system introduced by Act CC of 2011 on the National Mobile Payment System has produced results, both in terms of economies of scale and customer experience, that support the maintenance of a unified platform.' In order to know the underlying results, a data request was made to ITM. ITM refused to release the data, so we turned to the National Authority for Data Protection and Freedom of Information. The Authority asked the Ministry to release the data, but the Ministry did not do so. We therefore filed a lawsuit against the successor to the ITM.
The action is currently being examined by the court.
Grant Contracts of the Ministry
of Finance
FOI case
Defendant: Ministry of FinanceAt stake: Although the Ministry of Finance has published the main details of the contracts on its website, it has refused to disclose the grant contracts it has concluded with L.A.C. Holding Zrt. and VIVIENVÍZ Kft.
The Metropolitan Court of Budapest ordered the Ministry to release the data. The judgment is not final.
Contracts of the Government
Company for Tourism
FOI case
Defendant: Visit Hungary Zrt.At stake: The state-owned company dedicated for tourism not only failed to comply with proactive disclosure obligations under the Information Act, but also refused to comply with our FOI request for contracts concluded by the company.
The case is currently being heard on the merits.
Appointment of Hospital Leaders
FOI case
Defendant: National General Directorate for Hospitals (OKFŐ)At stake: Despite our requests for detailed information on the circumstances of the appointment of Hungarian hospital leaders, the OKFŐ sent us only a general information in response, stating that all appointments were made in accordance with the law. We received the same reply from all the hospitals to which we also sent a request for data. As we believe that it is in the public interest to know the the details of the procedure by which the heads of the health service are selected and appointed, we turned to court.
As the OKFŐ failed to respond to the application, the court issued an injunction and ordered the defendant to disclose the information.
Infection and Mortality Data
Related to COVID-19
FOI case
Defendant: National Centre for Public Health (NNK)At stake: Despite the fact that the NNC had previously provided us with data on the incidence and mortality associated with the coronavirus epidemic, in 2021 they only sent us a short website post in response to our data request, asking for data broken down by municipality.
The Metropolitan Court of Budapest ordered the Ministry to release the data. The judgment is not final.
Procurements Exempted from
Public Procurement Procedures
FOI case
Defendant: Ministry of InteriorAt stake: During the pandemic, the public procurement procedures were allowed to be bypassed with a ministerial permission. This meant that many procurements were made without following normal procedures set by law. The Ministry of the Interior did not respond to the data request, so we filed a lawsuit.
The case is currently being heard on the merits.
Team
Noémi Fanni Molnár
lawyer