Legal framework in Hungary for local governments during the COVID-19 epidemic

In response to the escalating epidemiological situation caused by the coronavirus, the Government declared a state of emergency on 11 March 2020. This was issued in 40/2020 (11.III) Decree on the declaration of an emergency situation in accordance with Article 53 (1) of the Fundamental Law.

Fundamental Law of Hungary defines the special legal order, as rules related to the qualified temporary situation with ensuring the minimum level of constitutionality. In the context of an emergency, the Government clearly has the power to issue regulations and, taking into account the requirement of proportionality of necessity, to take extraordinary measures within the framework of the Disaster Management Act.

The government decided in order to protect the health and life of the citizens on the necessary measures in 45/2020 (14.III) Government Decree

In this special period of time the provisions of the Disaster Management Act apply which was adopted in 2011. According to this, the unified management of the protection is a state task.

Protection and the elimination of the consequences by coordinating the operation of the bodies established for this purpose and the various protection systems, citizens and civil protection organizations, economic organizations, the Hungarian Armed Forces, law enforcement agencies, the National Tax and Customs Board, the state meteorological service, state ambulance service, water administration bodies, state health administration body, voluntary non-governmental organizations and public bodies established for this purpose, as well as in case of non-natural disaster, its cause and cause, state bodies and local governments (involved in disaster management customers).

The Disaster Management Act establishes the roles and responsibilities of those involved in disaster protection, including the mayor, among the management rules for disaster management. The law does not establish named tasks for councillors in the context of disaster management.

According to the law, the mayor (the lord mayor in the capital) directs and organizes the tasks of preparation and protection in his area of competence.

In a declared emergency situation, as a special legal order, the relevant provision of the Disaster Management Act defines the rules for the exercise of tasks and powers of local government. In case of danger, the tasks and responsibilities of the council of the local government, the capital, county assembly are exercised by the mayor, lord mayor, and the chairman of the county assembly. Within this framework, they may not decide on the reorganization, termination, supply and service areas of a local government institution, if the service also affects the municipality.

The regulation ensures very wide range power for the mayors with independent decision-making power.

In connection with the legal regulations applicable during the emergency, the mayors of local governments perform significant tasks in protection, these are:

1. Establishing Local Operational Group

During a disaster risk or during a declared emergency, the Mayor directs an operational organization for the direct management of operational activities, the task of which is to coordinate measures aimed at mitigating the consequences of the epidemic.

1. Tasks related to institutional care
2. Help and care for elderly from the local government (providing food (warm dishes), purchase of medicines, shopping)
3. Social care
4. General practitioner care
5. Medical service (standby duty)
6. Patrol service, ensuring public order
7. Child catering, public catering,
8. Providing kitchen and delivery
9. Care for quarantined persons
10. Waste management
11. Patrol service, ensuring public order
12. Coordination of civil donation and volunteers

Legal control of the local governmental resolutions is carried out by the capital and the county-level government offices. The judicial review of the legality of local government decrees is carried out by the Curia on the basis of the provisions specified in the Fundamental Law. If the local government decree is contrary to the Fundamental Law, the Constitutional Court is entitled to examine it.

The administrative elements of the state protection tasks are implemented by the protection committees, including the preparation for the special legal order, the organization of the protection and public supply tasks. In addition to heads of government offices and mayors, protection, law enforcement and disaster management professionals participate in protection committees nationwide.

In the framework of state protection tasks, Decree 18/1998. (VI. 3.) NM decree, the capital and county government offices, as well as the district and district offices, take care of the materials and devices necessary for the prevention and spread of the infection.

Mayors are not entitled to make special restrictions (for example quarantine for the municipality) during the epidemic on own behalf, because it is the responsibility of the government. Government decrees were made just before the weekends from 10^th of April, which allow for Mayors to make local restrictions regarding the movement of people only for limited days (for the weekend).

Finances

On 6^th of April 2020 a governmental decrees was made on Fund for Protection against the Epidemic and Fund for Economical Protection, which stated that the local governments are not entitled in 2020 to receive the 40% of the income from the amount of taxes motor vehicles, because this amount will transfer to Fund for Protection against the Epidemic.

Dialogue

On 17^th of April 2020 Hungarian National Association of Local Authorities (TÖOSZ) has asked Ministry of Interior and Ministry of Finances to start a dialogue in the key topics of operation and finances of local governments. 10 main questions were figured out as start the negotiation, which are summarized here:

1. What will happen with the costs of local government, spent by them to the protection of the epidemic? How and when will finance them the central budget? What kind of costs will be eligible as protection costs during the epidemic? Which schedule will be implement regarding these costs?
2. There are differences between the municipalities, due to this fact it would be more effective, if the local governments could make their own restrictions on movement of people in the state of emergency. Not arguing with the fact that state is responsible for the protection during the epidemic, we ask the government to enable for Mayors to make their own decrees fitting always to the local features and demands, as it was during the weekend of Easter.
3. Mayors would like to receive all relevant information from the Operational Group in time, through the relevant national e-government system.
4. There is an urgent demand on the detailed information on eligibility on different task-finances in the new situation (regarding the conditions to be eligible the staff costs of the kindergarten teachers, social care providers…etc.)
5. TÖOSZ proposes to the government to enable for local governments to take loans for operation more than a year (for 3 years) with maximum amount of 15% of own revenue in 2019. (Local governments could not take a loan without governmental permission.)
6. TÖOSZ proposes for changing the period of time of allowance for job seekers from 3 months to 6 months with decreasing amount.
7. It was recommended that patients living alone who are unable to take care of themselves and supervise them in the absence of relatives should not be discharged from their hospital beds in order to ensure the conditions of hospital epidemiological patient care, but also to a social institution at their place of residence or near a social home, thus ensuring their professional health and social care and supervision for 0-24 hours.
8. It was recommended that within the frame of task related financing system some kind of budget line could be used for general operation of the municipality.
9. Based on the indications received from the local governments, it justified that in the event of an emergency, the same rules apply uniformly to municipal, state, church and foundation organizations (in the area of child care, care for the elderly, etc.).
10. For local governments with the less income from local taxes it would be necessary to increase the already contracted amount of support in “Territorial and settlement development” OP with 15% in order to be able to complete the relevant development project. It is a common aim to complete these developments.