Commission Report 2002 (Hungary)

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 2: Free movement of persons

Progress since the last Regular Report

The current reporting period has seen further alignment with Community provisions, and preparations for complete alignment, as well as for the establishment of the required administrative structures, have continued.

Good progress can be reported in the area of mutual recognition of professional qualifications, with the entry into force, in January 2002, for the greater part, of the Act on the Recognition of Foreign Degrees, Diplomas and Certificates. This Act provides the framework for a system of mutual recognition in accordance with Community practice. Legislation was also adopted in relation to the health professions. The Act on Provision of Public Health Care Services and on Forms of Practising Medicine entered into force in March 2002 with the exception of certain provisions on pharmacy. Except for midwives, where legislation is already aligned, new legislation was introduced for all medical professions covered by the sectoral directives in January and May 2002. Amendments to the Act on Pharmacies were adopted in October 2001 (entry into force January 2002) and June 2002 (entry into force September 2002) aligning the rules of ownership and operation of a pharmacy. Further alignment relating to the in-service training requirements for pharmacists resulted from amendments to secondary legislation, which entered into force in September 2002.

Some progress can be reported on citizens' rights. The Law on Entry, Stay in Hungary and Immigration of Foreigners entered into force in January 2002 and implementing measures have since been adopted. Legislation on student rights has been further aligned. There were no notable developments in the area of voting rights.

There have been some legislative developments in the area of free movement of workers covering access to the public sector for EU migrant workers. Preparatory work has continued to facilitate Hungary`s participation in the European Employment Services system (EURES).

Hungary has continued to make legislative preparations in order to be able to apply the Community system of co-ordination of social security and has continued to develop its institutional capacity in this area, through increasing staff numbers and training of personnel. A bilateral agreement on social security with the Netherlands, relating to the export of social security benefits, was ratified and entered into force in March 2002.

Overall assessment

Hungary is now aligned almost fully with the acquis in the area of mutual recognition of professional qualifications. With the adoption of the Act on the Recognition of Foreign Degrees, Diplomas and Certificates the establishment of the necessary administrative bodies has been provided for. Outstanding issues include alignment with EC legislation on lawyers. Efforts will need to be maintained in order to ensure full alignment by accession and should now focus on appropriate staffing of the various competent authorities. By accession, it has to be ensured that all Hungary`s legislation is aligned with Community rules, in particular with respect to nationality, residence and language requirements. Legislation on mutual recognition needs to be monitored to ensure that it distinguishes between academic and professional recognition and includes simpler procedures to allow the provision of services. With respect to professional qualifications obtained before harmonisation, Hungary needs to introduce measures to ensure that all its professionals can, as of accession, meet the requirements laid down by the directives.

Hungary was already largely aligned with the acquis on citizens` rights. Preparations should continue, however, to align with the provisions on voting rights, in particular relating to the European Parliament elections.

In the area of the free movement of workers, legislation is only partially aligned and efforts are required to ensure complete alignment by accession, including the social and cultural integration of migrant workers and their families.

As regards future participation in the European Employment Services system (EURES), efforts should continue, especially with regard to language training.

With a view to the future co-ordination of social security systems, work needs to continue to develop the necessary administrative structures and institutional capacity needs to be strengthened further through training and recruitment of additional staff so as to enable Hungary to apply the acquis on co-ordination of social security.

Conclusion

In its 1997 Opinion, the Commission concluded that Hungary's legislation already recognised the principle of non-discrimination between nationals and foreigners legally residing in the country, and that training, for those professions where a minimum co-ordination is foreseen in the directives, was broadly in line with the acquis, although some adaptation was still necessary. It added that the necessary structures in the area of the free movement of persons seemed to be in place, but that it was difficult to assess their real effect and enforcement. The Commission further indicated that, from a technical point of view, adaptation of regulations would be necessary in the medium term. With regard to co-ordination of social security the Commission concluded that, although certain technical adaptations would be necessary, major problems were not to be expected. However, further preparation and training would be needed to have the required administrative capacity and structures in place.

Since the Opinion, Hungary has made progress in aligning with the acquis in this area, and has further strengthened the relevant institutions, including with regard to the future co-ordination of social security systems. The process of bringing Hungary`s legislation and structures in relation to the free movement of persons into line with the acquis has developed satisfactorily and, although further efforts are required, legislative and other work has generally been carried out in a timely manner.

Negotiations on this chapter have been provisionally closed. Hungary has not requested any transitional arrangements in this area. It has agreed to a transitional arrangement in respect of the free movement of workers put forward by the EU. Restrictions on the movement of workers from Hungary to the EU will apply for a minimum two-year period as of the date of accession and may remain in force for a maximum of seven years. Hungary is generally meeting the commitments it has made in the accession negotiations in this field.

In order to complete preparations for membership, Hungary's efforts now need to focus on the adoption of outstanding legislation with regard to voting rights, lawyers and free movement of workers, and on further strengthening institutional capacity to ensure the effective implementation of mutual recognition of professional qualifications and in relation to the co-ordination of social security.

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