Hungary's new anti-fraud body asks for extended powers
The body, created under EU pressure by Prime Minister Viktor Orbán's government to unlock billions of euros worth of funds suspended over rule-of-law concerns, was launched in late 2022 to prevent, detect and correct the misuse of EU money.
International watchdogs say Orbán has long channelled EU funds to businessmen close to his nationalist Fidesz party to entrench himself in power. Orbán, in power since 2010, says Hungary is no more corrupt than others.
The authority lacks investigative powers which are absolutely essential,
Integrity Authority head Ferenc Biró, told Reuters. "Essentially we have formulated the draft in a way that only two laws need to be changed," he said.
In his view, the biggest hurdle faced by the authority was that certain powers that are granted to it under the law were not transposed across the Hungarian legal system, which means fellow institutions do not need to abide by them.
"The leaders of these institutions wish to err on the safe side, as I would personally," he said. "So what they will do is that they will look at their own laws, and they will say that until this and this is specifically stated in my law, I will not be able to provide what you actually need."
The authority had submitted what Biró called an exhaustive list of requests to Hungary's Justice Ministry this month, but has not received any feedback yet. Press officials for the ministry did not immediately reply to questions e-mailed by the news agency.
Biró said the establishment of the body played a key role in a decision to release some 10 billion euros of funds to Hungary in late 2023, a move some EU lawmakers are seeking to overturn.
Biró said the authority also needed powers not yet granted to it, such as being able to handle evidence, talking to witnesses, gaining access to criminal procedures and to data and information accumulated in criminal investigations, rights to handle electronic evidence and to obtain electronic evidence.
Absent the proper powers, "it is up to these bodies or individuals if they wish to cooperate or not," Biró said.
Ferenc Biró, President of the Hungarian Integrity Authority called for the expansion of investigative powers at an international press briefing in Brussels, according to a report on the authority's website.
"As an independent and autonomous state organ, the Hungarian Integrity Authority is the flagship remedial measure under the EU conditionality mechanism. It is expected to effectively prevent, detect, and correct the misuse of EU funds in Hungary. As an autonomous state institution, the Authority stands for and reinforces the separation of powers.
While our achievements are commendable, our work is far from over,
said Biró.
"We have conducted research among institutions with similar mandates across the EU. This research has shown that successful and impactful institutions stand on two mutually supportive pillars. Them being autonomy and executable investigative powers, he explained.
"The concerns voiced by the European Council in and after the implementation decision seem to have come true unfortunately.
The Integrity Authority’s powers are insufficient and even the ones that are granted are not executable,
said Biró.
"At this point, I wish to remind all parties involved that the Integrity Authority is expected to effectively prevent, detect, and correct the misuse of EU funds. This is a serious mission that requires proper tools and powers.
"These we do not have.
"The Authority has developed the proposed amendments to the legislation and provided this to both the Hungarian Ministry of Justice and the European Commission. We believe that the suggested amendments and only the suggested amendments will enable the Integrity Authority to fulfill its mandate," Biró concluded.
Cover photo: MTI Photo/László Róka
