Information on the more important changes of the Act XCIV of 2020 on the amendment of Sport Act regarding to the Olympian Annuity

Some provisions of the Act I of 2004 on the Sport (hereinafter: Sport Act) is amended in the recent past days. The changes affects the rules of the Olympic Annuity and the rules of the Right to Entry. The affected provisions are the following:  Sport Act Sec. 33, 59, 60, 78/N and 78/O.

The Act XCIV of 2020 on the amendment of Sport Act regarding to the Olympian annuity hereinafter referred to as Amendment Act 7. The Act XCV of 2020 on the amendment of Sport Act regarding to the Right to Entry hereinafter referred as: Amendment Act 8.

The Sport Act Sec. 59 (3) is replaced by the following provision: ,,(3) the widow of the deceased medalist athlete is entitled to the Olympic annuity for the rest of her life from the month following the death of the athlete if she is an Hungarian citizen and she was the spouse of the medalist athlete in the time of the athlete’s death or she lived with him in common household without interruption in the previous 5 years of the athlete’s death.”

The Sport Act Sec. 60 (3) is replaced by the following provision: ,,(3) the widow of the deceased medalist athlete is entitled to the half part of the athlete’s annuity. The widow is entitled to the whole annuity of the athlete until their common minor child become adult person.”

The subtitle of the enter into force and transitions provisions of the Sport Act will be added with Sec. 78/N:

,,Sec. 78/N (1) If the person who is eligible for the widow’s annuity at the entry into force of the Amendment Act 7, after the entry into force of the Amendment Act 7 pursuant to its Sec. 60 (3) the person will be entitled to the whole widow’s annuity. The launch of the administrative procedure will be started by the application of the entitled person. Pursuant to this subsection from the entry into force of the Amendment Act 7, until the transfer of the altered amount of annuity for temporary period, the difference shall be paid with the altered amount of annuity in the value increased by the central base rate.

(2) If the widow of the medalist athlete is entitled to the Olympic annuity when the Amendment Act 7 enters into force, pursuant of its sec 59 (3) the widow will be entitled to the annuity which will be determined by the application of the entitled person according to this subsection.

This law will enter into force the day after its proclamation.

Information on the more important changes of the Act XCV of 2020 on the amendment of Sport Act regarding to Right to Entry

The following point e) is added to Sport Act Sec. 33 (2):

,,(1) The right to enter (right to enter) in the competition system (championship) can not be negotiable, the contract to that is void. The new point e) is an exception if:

e) the sporting enterprise with the right to entry formate a business association  for the purpose of participating in the same or higher league class of the competition system announced and organized by the same sports association. The right to entry shall be negotiated to the business association mentioned above by the sporting enterprise with the prior consent of the same sports federation and the sporting enterprise has no public due.

The following Subsection 2b is added to Sec. 33:

,,The sports federation may deny its prior consent to the conferment in accordance with point e) if the conditions of the conferment does not comply with the legal requirements and conditions determined in rules of the sport association. The body of the sport association which is marked in rules of the sport association, it may ex officio or upon request examine that the conferment of right to entry in accordance with the Section 2 point e) is aimed at breach of the conferment of right to entry. Based on the result of the examination, the sport federation delivers its reasonable decision with willing to taking into account all of the circumstances of the case that the sport association affected with the transfer of the right to entry whether it can participate in the competition system. The affected sport association may bring an action before the court or it can choose the arbitration against the decision of the right to entry of the sport federation within 30 days of the limitation period from the date of the communication of the decision.”

The following Sec. 78/O will be added to the entry into force and temporary provisions of the Sport Act:

,,Pursuant to the Sec. 78/O the section 33 (2) point e) and subsection 2b of the Amendment Act 8 shall be applied during the entry into the Championship of 2020-2021 too.”

This law will enter into force after 5th day of its proclamation.

Hungarian Gazette 2020 Issue 170



Short summary of the decision of the CAS

The appeal of Manchester City Football Club was endorsed by the CAS. It means that the sports club can take part in the UEFA Champions League. The Manchester City Football Club also avoided to pay off the bigger part of the penalty that was imposed by the UEFA.

The UEFA previously implied Manchester City Football Club for 30 million Euro penalty because the sports club has breached the rules of its operation and the financial rules of UEFA. The club has spent more money for its needs than of its total income. This means that the club expense was greater than its income. Besides of the aforementioned facts, the UEFA has expelled the football club from the UEFA Champions League for 2 years.

The sports club has filed its appeal to CAS because the sports club did not agree with the allegations of UEFA. The Court of Arbitration for Sport has determined that the bigger part of the allegations of UEFA was ungrounded or time-barred therefore the CAS endorsed the football club’s appeal.

As the result of the award delivered by the CAS, Manchester City Football Club will not be expelled from the Champions League and the club has to pay only 10 million Euro instead of 30 million Euro penalty. The sports club was acquitted from the UEFA decision by the decision of the Court of Arbitration for Sport. According to the CAS decision, the sports club can take part in the Champions League.

The award of the CAS is 35 pages and it contains every single significant points about this case. The whole decision is available down below of that article. If you are interested in more details in connection with this case, please visit the website of the CAS.

Court of Arbitration for Sport official website

CAS 2019/A/6298 Manchester City FC v. UEFA



From 1 July 2020 significant changes will enter into force in the national social security system. The former Act LXXX of 1997 on the Eligibility for Social Security Benefits and the Private Pensions and the Fundings for These Services (hereinafter: SSBA or Social Security Benefits Act) will be replaced by the new Act CXXII of 2019 on Entitlements to Social Security Benefits and on Funding These Services (hereinafter: new SSBA or Social Security Benefits Act) after 23 years. The new Social Security Benefits Act contains more several new rules compared to the former Social Security Benefits Act and it also includes the implementing decrees. That article – due to its size limits – describes the more important changes only.

The new Social Security Benefits Act Sec. 6 (1) – contrary to the former Social Security Benefits Act Sec. 5 (1) – no longer contains the concept of person engaged in auxiliary activities in the sphere of the insured person for example pensioner entitled to draw pensions own his own right. The sphere of the insured person is clarified by the new SSBA Sec. 6 (1). From 1 July the flat rate contribution base will be introduced by the new social security law which qualifies as a new legal institution in the Hungarian social security system. The flat rate contribution base rate is 18.5 per cent contrary to the former rate of 8.5 per cent of health insurance and labor market contributions which was regulated in the previous Social Security Act Sec. 19 (3). The former health insurance and labor market contribution comprised: 4 per cent health insurance contributions provided in kind, 3 per cent health insurance contributions provided in money and 1.5 per cent in labor market contributions.

The new SSBA applies stricter rules then the former Social Security Benefits Act. Pursuant to the new SSBA Sec. 24 and 27 (2) the contribution base is 30 per cent of the minimum wage which shall be paid even if the income of the employee is smaller than the minimum wage.

In case of business partner and private entrepreneur the health insurance and labor market contributions shall be paid based on the mandatory minimum wage/guaranteed wage minimum instead of the former 150 per cent. The social security contribution base (Szocho) is still remains 112.5 per cent.

Increased maximum of family contribution allowance availing after the children will be introduced as a new element. The maximum of the allowance will be enforceable opposite to the rate of 18.5 per cent of the social contributions. The maximum rate of the family allowance is equal to rate of the social contribution base which is grown from the previous rate of 8.5 per cent to 18.5 per cent based on the new Social Security Benefits Act.

The rate of pension contribution is still 10 per cent.

The further renewal of the new Social Security Benefits Act is comprised in its Sec. 46 (2)-(3). The essence of the amendment in short if persons liable to pay do not fulfill their health service contributions (hereinafter: ESZO) payment obligation and the amount of arrears exceed the threefold monthly amount of ESZO, the social security number (TAJ number) will be invalid in connection with the requisitioning of the health service. The health service is not available free of charge except if the debt was paid retroactively before the health service was availed.

The ESZO unified monthly amount is 7710 HUF, which is daily 257 HUF. The ESZO shall be paid until the 12th day of the current month.

It is important to note that the National Tax and Customs Administration (hereinafter: state tax authority or NAV) shall supply the data of the arrears derived from non-fulfillment of the health service payment obligation to the Administrative Agency. The record is kept by the Headquarters of Hungarian State Treasury (MÁK).

Two more new benefits will be introduced from January 2020. One benefit is the adoption allowance, the other is the grandparent child-care benefits. The person entitled to adoption allowance who adopts or raising child who has reached the age of two. The person entitled to grandparent child-care benefits availing by grandparents who was insured person in one year of the two years preceding the benefits. The maximum amount of the benefit is 70 per cent of double the minimum wage.

The person who is insured in other member country of the European Economic Area (EEA) and avail of health service based on paying health service contribution, the natural person must refund that cost which charge the Health Insurance Fund. The specified amount of unjust requested health service contributions (ESZO) will be cancelled on the tax invoice by the state tax authority. The amount of unjust requested ESZO will be prescribed on the tax invoice as tax obligation by the Health Insurance Fund based on its data supply.

Further renewal is introduced by the new Social Security Benefits Act. Pursuant to the new SSBA Sec. 52 (3) an agreement for the provision of healthcare services may be concluded subject to assessment of the state of health of the person initiating the conclusion of the agreement, with the proviso that the agreement shall not cover healthcare services to be provided in connection with any disease, health impairment identified by the said medical examination. The medical examination for health assessment is subject to a fee. The medical examination for health assessment shall be ordered by the regulatory body empowered to conclude the agreement to be carried out by the healthcare service provider designated by the minister in charge of the health insurance system, according to the procedure therein provided for.

The SSBA Sec. 52 (4) states the following: an agreement for acquiring pensionable income and service time shall become operative on the day on which it is executed, at the earliest on the first day of the month to which it pertains. No arrangements shall be permitted for any preceding period. After that, payments of pension contributions shall be made by the twelfth day of the month following the month to which it pertains. Any default in payment shall result in termination of the agreement.

To summarize the above-mentioned two subpoints, it is indispensable to be assessed the state of health of the person who initiating the conclusion of the agreement to conclude an arrangement for the provision of healthcare services.

In addition to the aforementioned points, the health insurance rules have not changed.

It is worth to note that, in connection with the changes of the tax rules which concern the social security system that the vocational training scholarship will be tax-free and particular educational grants too. Additional change is to notify the state tax authority about the starting and terminating of the operation of the enterprises.

The simplified contribution to public revenues (EKHO) of the pensioners was reduced to 9.5 per cent and  the 17.5 per cent social security contribution (Szocho) will not have to be paid for them either.

These changes will enter into force from 1 July 2020. The article described the more important changes and amendments in short only to give an assistance in the complex and constantly changing Hungarian social security system.

The Government Decree No. 140/2020 (21 April) on the Action Plan about the Necessary Relief of Tax Payment to Mitigation of the Economical Effect of the COVID-19 (hereinafter: Decree) Sec. 20 (1)-(3) carry into effect some changes during the pandemic period.

The employees who do not receive their wages during their leave because of the present situation, are still entitled to avail of the health service contribution for the duration of the epidemiological (pandemic) period.

From 1st May 2020, the employer – by the 12th day of the month following the current month – assesses, declares and pays the health service contribution after the employee.

At the employer request, the national tax and customs authority permits the employer to pay the amount of the health service contribution assessed and declared above until the 60th day after the end of the State of Emergency.

It can be stated from the provision of the Decree mentioned above that the employees are considered as insured person in the absence of their payment for the duration of the State of Emergency because of that situation. It shall be deemed that the employment relationship would be still existing, therefore the employer’s further obligation to assesses, declares and pays the health service contribution to the national tax and customs authority.

It seems to be that the legislator’s purpose was to exempt employees from the obligation to payment of the health service contribution under the general rules in the absence of their wages because of the present situation for the duration of the epidemiological period. The employer exempt the employees from extra burden.

In addition to this, the legislator has also introduced an alleviation on the employer side, according to it the assessed and declared health service contribution mentioned above, shall be payed by the employer within 2 months after the end of the State of Emergency. The economy stagnates, the investments fail and the production is minimal for the duration of the State of Emergency. So the financial sources and liquidity of the employer are reduced to the minimal. The employer can easier gets over the income loss resulting from the current situation and he/she can optimize better his/her sources and income with this alleviation.

It is very important to note that these current special provisions mentioned above are valid only for the duration of the State of Emergency. These provisions shall be expired at the end of the State of Emergency and the general rules will be applicable to the parties.

Source of the picture: pexel.com

Measures in connection with the organizations of the sports events and sports training

Pursuant to the Government Decree No. 170/2020 (30 April) on the Sports Events and Sports Training from today (4 May 2020) (hereinafter: decree) which is published in the Hungarian Gazette Issue 96. Under the strict following of the provisions of that decree, the sports events and trainings can be held from this Monday.

The organizing of the sports events and trainings are permitted in the whole territory of Hungary by that decree. The sports events can be held in locked circumstances without spectators. The decree also permits the attendance in the sports events which organized by the sports club or the attendance in the trainings of amateur sports, the leisure sports and mass sports (grassroots sport).

Furthermore the decree states that its provisions shall be still applicable if the decrees on the curfew or on the defensive measures provides otherwise.

The horse racing also shall be considered a sports event under that decree.

The decree will enter into force on 4 May 2020.

That decree will be prolonged by the Government until the end of the pandemic period regulated by the Decree No. 40/2020 (11 March) on the Proclamation of the State of Emergency.

Source: pexels.com


The Government Decree No. 142/2020 (22 April) on the Applicable Labor Law Provisions during the Epidemic Situation (COVID-19) (hereinafter: Government Decree or Decree) was published in the Hungarian Gazette Issue Vol. 83. on 22 April 2020, Wednesday. The different labor law provisions are determined by the Government Decree for the duration of State of Emergency until its withdrawal taking into consideration the information contained the information brochure of the Federation International Football Association (FIFA).

The decree confer the right to the sports organizations included in the sports system of the Hungarian Football Association (MLSZ) to reduce in their unilaterally written legal statement the regular monthly wages of the athletes who perform their sporting activity in labor relationship (or personal service relationship) or those sports professionals wages who are employed in labor relationship or employment-related other relationship.

In case of personal service relationship, the remuneration can be reduced if the remuneration will be payed as wage cost according to the Accounting Act.

The rate of the monthly wage reducing may not exceed 70%.

The monthly wage reducing is valid for the duration of the State of Emergency.

The source of the picture is Adobe Stock.

The Government Decree also contains similar provisions to the relevant decision of the national sports trade union operating in team sports and not covered by the above regulations.

The Government Decree will enter into force the day after its proclamation. Under these provisions these regulations shall be applied in the sports labor relationship from this day.

The effect of this Government Decree is prolonged by the Government for the duration of the State of Emergency.

The Hungarian Gazette (Magyar Közlöny) issue Vol 83. is available in Hungarian only.

On 30 March 2020, the extraordinary judicial break which begun on 15 March 2020 was terminated by the Hungarian Government in its Government Decree No. 74/2020 (31 March) on the Particular Prevailing Procedural Measures during the Pandemic Period (hereinafter: Government Decree No. 74/2020 (31 March) or Government Decree). The Government Decree No. 74/2020 (31 March) entered into force on its effective day at 3 o’clock p.m. This Government Decree will remain in effect during the pandemic period and until the State of Emergency is ended. The pandemic measures also shall be followed after the termination of the extraordinary judicial break.

Regarding to the procedural acts, the provisions contained by the Government Decree must be followed. The entry to the court building shall be forbidden for the client unless  the requirements which are contained by the OBHE Resolution No. 47.SZ/2020 (1 April) (hereinafter: VOH) on the Order of Use of the Court Buildings point 4. prescribes it during the time of the procedural act. [OBHE Resolution No. 49.SZ/2020 (3 April) on the Regulation of the Order of Stay in the Court Buildings during Pandemic Period]

The Government Decree contains lots of procedural measures. These article contains most important measures regarding to the civil litigious and non litigious procedures only, while the measures in connection with the administrative and criminal procedures will be discussed in an another article.

Prevailing particular procedural measures during the period of State of Emergency

Measures in connection with the civil litigious and non litigious procedures

During the period of the State of Emergency the provisions of the Act III of 1952 on the  Code of Civil Procedure (hereinafter: former CCP) and the Act CXXX of 2016 on the Code of Civil Procedure (hereinafter: CCP) shall be applied with the discrepancy contained in the Government Decree.

The continuation of the time limit is not affected by the State of Emergency, except the Government Decree dispose differently.

In the civil procedures under the effect of the CCP, the case initiation shall be conducted instead of the case initiation hearing. If it necessary the court may summons the parties for submitting further written statements or calls on the lawyer and parties if their personal hearing is necessary. In connection with the above-mentioned facts, the court perform its activity in the manner contained by subsection 7 to terminate the case.

The above-mentioned provisions under this section must be applied to the actions of personal status.

In the civil procedures under the effect of the former CCP, the substantial hearing shall be conducted by means of electronically network or any other devices which are able to transfer picture, video and voice. If the conditions of this is not being ensured, instead of the conduct of the substantial hearing, the statement recorded at the hearing can be obtained by the court in written form or by means of device which can identify the personality and in the case of necessity it can be recorded. [Government Decree Sec. 21 (3)]

The court does not conduct case initiation hearing at the request of the parties. Before the termination of the case initiation hearing the court will inform the parties in advance and provides the opportunity to make their further written statements. The termination of the case initial hearing will be communicated to the parties in written form by the court. [Government Decree Sec. 21 (2)]

In the case of the necessity of the personal hearing, the statements shall be obtained in written form or by the means of devices which are able to identify personality and in the case of necessity it can be recorded. [Government Decree Sec. 21 (7)]

In litigation, there is an unlimited number of stay of proceedings at the request of the parties.

During the State of Emergency – with exceptions contained by the subsection 3 – there shall be no place for the procedural act to be conducted in a place which is subject to an epidemiological measure.

During the State of Emergency the party acts without counsel may submits the application, counterclaim, extension of the action or the offsetting without written standard form based on the particular law. [Government Decree Sec. 24]

If the application submitted by the party acting without counsel does not contains the compulsory content elements or the formal accessories, the court in its deficiency court ruling must indicates all of the deficiencies of the application and the court must communicates all of information in connection with the deficiencies replacement of the application. In case of the unsuccessful replacement there is a place for rejection.

During the State of Emergency the submissions can not be filed personally to the court administration office. The submissions can be placed in the locked collecting box at the entrance door of the court.

During the State of Emergency if there is a place for service by public notification in the civil proceeding, the procedure is interrupted until the termination of the reason of service by public notification or the termination of the State of Emergency.

The judgment will be delivered out of court hearing by the court. [Government Decree Sec. 28 (2)]

In the appealing and review proceedings a hearing can not be requested by the parties. [Government Decree Sec. 29 (1)]

If the time limit expires in the civil litigious and non litigious proceedings and in the period up to 15 days after the entry into force of Government Decree No. 45/2020 (14 March) and this Government Decree, the time limit shall be extended to 30 days after the entry into force of this Government Decree.

This Government Decree shall be applied in pending cases and non litigious proceedings.

Shortly summarize the aforementioned facts, the courts are operating continuously but the personal appearance is replaced by the literacy. It can be said that the litigation division is operating similarly as the non litigation division. These epidemiological measures are necessary because of the current pandemic situation in order to slow down the spread of the virus as effectively as possible and thus protect each other’s health. Therefore it is very important to follow the provisions of this Government Decree.

Information on the COVID-19 in connection with the personal data processing and the employment law

The source of the picture is: Hungarian Medical Chamber (MOK)

In the recent past days the Hungarian Government declared the State of Emergency in its Government Decree 40/2020 (III.11) on Declaring of the State of Emergency based on the Fundamental Law of Hungary Article 53 (1).

Parallel to the provisions of the Government Decree, some directions of the GDPR and the Hungarian Labor Code shall be followed by the employers. The SAMKÓ LEGAL set up a short information document about the relevant applicable provisions in connection with the epidemiological situation.

The short document will help to understand that how these provisions of the GDPR, Labor Code and the relevant other laws and decrees shall be applied by the employers and other parties of the employment relationship. The short information document of the SAMKÓ LEGAL is available at down below of the page in PDF format.

Budapest on 23rd March 2020

SAMKÓ LEGAL©


The Algopyrin and the substances of metamizole

On 19th February 2020 the National Institute of Pharmacy and Nutrition (OGYÉI) published on its webpage that the medicines of metamizole content will be issued without prescription by the doctors. The above-mentioned date before these medical substances were issued with prescriptions only by the doctors. The OGYÉI composed a list about those medicine substances which are exempt from the obligation of the issue of prescription.

Medical substances

According to the information of the OGYÉI, the applicant filed his/her application for review in connection with the issue of medicine substances of metamizole without prescription. The OGYÉI examined the application of review and the whole data relating to the case. It found that in the case of medical substances of metamizole content that the conditions are not met with those contents which are included the Decree of Ministry for Health (DMH) No. 52/2005 (18 NOV) on the Marketing of Medicines for Human Use. Therefore the classification of these medical substances were reclassified by the OGYÉI.

It means that it does not have to be claimed prescriptions for Algopyrin and those medical substances which contain metamizole. If you would like to more information about the aforementioned medical substances, please visit the website of OGYÉI at https://www.ogyei.gov.hu/main_page.

List of those medical substances which will be issued without prescriptions after the aforementioned date by pharmacy
ALGOPYRYN 500 mg pillsNot subject to prescription.
ALGOZONE 500 mg pillsNot subject to prescription.
FLAMBORIN 500 mg/ml drops for oral solutionNot subject to prescription.
METAPYRIN 500 mg film-coated pillsNot subject to prescription.
NODORYL FORTE 500 mg pillsNot subject to prescription.
PANALGORIN 500 mg pillsNot subject to prescription.
SUPPOSITORIUM ANALGETICUM FoNo VII. PARMANot subject to prescription.
SUPPOSITORIUM NORAMINOPHENAZONI 100 mg FoNo VII. PARMANot subject to prescription.
SUPPOSITORIUM NORAMINOPHENAZONI 200 mg FoNo VII. PARMANot subject to prescription.
TABLETTA ANALGETICA FoNo VII. PARMANot subject to prescription.

The content of this article also including the table above are derived from the webpage of the National Institute of Pharmacy and Nutrition (OGYÉI).

National Institute of Pharmacy and Nutrition (https://www.ogyei.gov.hu/main_page)

The source of this whole article is OGYÉI.


About the programme in short

The 83rd AIPS Congress will be held on 3rd to 7th February 2020 in Budapest at the Hotel Corinthia. Hungary got the fourth opportunity to organize this prominent event. Before this ceremony, Hungary has organized three times the AIPS Annual Congress. The first time was in 1965, the second time was in 1992 and the third time was in 1999. Budapest was in great contest with two more competitor, Rome and Madrid.

The Hungarian Sports Journalists’ Association (MSÚSZ) took big efforts in the previous half a year to organize the AIPS event in Budapest for the fourth time told Dr. Zsuzsa Csisztu vice-president of MSÚSZ. Monday is the opening day. The Congress offer diverse and rich professional programmes approximately to 300 sports journalist of the world.

Yesterday was the first event day. On Monday evening, the AIPS Media Award was awarded to the winners for the second times and in 11 category will be awarded the competitors. One of the most noted guest was Gianni Infantino, the president of the FIFA (Federal Internationale de Football Association or International Federation of Association Football) who took part on a podium speech before the great ceremony.

www.sportujsagirok.hu

The two host were Jonathan Edwards, British former olympic winner athlete and dr. Zsuzsa Csisztu, vice-president of MSÚSZ. The following represented Hungary at the event: Krisztián Kulcsár, the president of Hungarian Olympic Committee (MOB), Tünde Szabó State Secretary for Sport, Ministry of Human Capacities (EMMI), Sándor Csányi, the president of the Hungarian Football Association (MLSZ), László Szabó, the president of the Hungarian Paralympic Committee (MPB), Dániel Gyurta, former olympic winner, member of International Olympic Committee (IOC) and MOB, Zoltán Novotny, sports journalists, dr. Zsuzsa Csisztu with György Szöllősi, the president of MSÚSZ and more other notable persons.

On the further days of the event will be also home to the panel discussion of the role of the women in the sport and the sport media. Donna de Varona famous swimmer and Tímea Babos Grand Slam team winner in pair, famous tennis player.

If you would like you read more information about this ocassion, please visit the website of MSÚSZ at www.sportujsagirok.hu.

The pictures and whole gallery were published by Hungarian Sports Journalists’ Association (MSÚSZ) and the sources of the all pictures is also MSÚSZ.

Source of the pictures is Hungarian Sports Journalists’ Association (MSÚSZ).