Notification of the provision of cross-border mediation services

Requirements for the cross-border provision of services on an occasional basis by persons qualified to provide mediation services in their Member State.

Kulcsszavak: EEA mediator, mediator, mediation activity, mediation, dispute resolution, with the professional title obtained in the home Member State, under the professional title used in the home Member State

Service providers must submit a notification if they intend to provide mediation services as a cross-border service.

The Minister of Justice, as the relevant authority responsible for recognition, shall be notified prior to the commencement of mediation activities for the first time as a cross-border service.

The notification shall include:

• the name of the service provider;
• the address of the service provider, or the registered office if the service provider is an entity;
• a description of the services to be provided;
• the nationality of the service provider, or if the applicant is a legal person or an organisation without legal personality established and registered in a different EEA Member State, the name of the registry in the EEA Member State where it was established and the registration number;
• the EEA Member State where the service provider is established;
• a statement from the service provider on his or her intention to provide the activities as a cross-border service;
• the name of the licensing or registration authority and the service provider’s licence or registration number, if the service activity is subject to licensing or registration in the EEA Member State in which the service provider is established;
• a statement from service providers as to whether they have adequate professional guarantees, the name of the organisation providing such professional guarantees and the data required to identify the underlying contract, the risks covered by the professional guarantees, the territorial scope and the amount or the ceiling of the guarantee contained therein;
• for professions related to security and health sectors and the education of minors — including childcare and early childhood education, if required by Hungarian law — a certificate attesting that the service provider is not barred from practising the profession and has no criminal convictions;
• the professional title to be used in Hungary in the course of the provision of services.

If it is not the service provider who actually performs the activities, falling under the scope of the cross-border provision of services subject to the notification obligation, the data required by law shall be submitted in respect of the person who actually performs such activities.

The Department ofJudicial Relations of the Ministry of Justice verifies compliance with the notification obligation.

The Department of Judicial Relations of the Ministry of Justice shall impose a fine where it establishes during inspections that service providers are providing activities that are subject to notification but have not been notified, or where service providers have not notified data changes that are subject to mandatory notification; and

• if the service provider otherwise complies with the legal requirements to commence and provide the activities concerned, it will register the service provider ex officio, or enter the data change in the register; or
• if the service provider does not comply with the legal requirements to commence and continue a given activity, it shall prohibit the continuation of such activity in a decision that shall be valid until entitlement to commence and continue the activity in question is duly demonstrated.

In justified cases — on the basis of information obtained in the course of official proceedings or requirement based on the general knowledge of the authority — the Department of Judicial Relations of the Ministry of Justice, upon receipt of the notification, shall verify whether the notification complies with the requirements specified by law as to its substance; and within eight days from the receipt of the notification, it shall:

1. inform the applicant by sending a certificate when the notification meets the substantive requirements; or
2. warn the service provider of the legal consequences of continuing the activity without notification, and point out the shortcomings of the notification if it does not comply with the substantive requirements.

The Department of Judicial Relations of the Ministry of Justice will register the service provider ex officio within fifteen days from the day following the receipt of the notification complying with the requirements, unless it establishes during its inspection that the service provider does not comply with the legal requirements to commence and continue the relevant activity.

The notification of the service provider shall be accompanied by the following documents:

• a copy of the authentic document certifying the applicant’s nationality;
• a copy and the certified translation or a copy of a certified translation of the document certifying that the applicant is entitled to practise the relevant profession, as a person established in a Member State;
• a copy of the document certifying the completion of the service provider's qualification(s), and a certified translation (or a copy of a certified translation) of a document certifying that the applicant is qualified to provide the services in the relevant Member State by having completed the required training;
• in the case of professions concerning the lives or safety of patients, a statement from the service providers that they have the language skills required for practising the profession in Hungary.

The notification is free of charge.

Ministry of Justice, Department of Judicial Relations (Igazságszolgáltatási Kapcsolatok Főosztálya)

Contact details

Tel: +36 (1) 896-3068

Fax: +36 (1) 795-0507

Email: iffo@im.gov.hu

Address: H-1055 Budapest, Kossuth tér 4.

Mailing address: H-1357 Budapest, Pf. 2.

Website

Information about mediators is available here.

The register of mediators is available here.

Date prepared: 26 May 2020

Have you found this information useful? Please tell us your opinion here.

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market

Act C of 2001 on the recognition of foreign certificates and degrees

Act LXXVI of 2009 on the general rules of the commencement and performance of service activities

Act LV of 2002 on mediation

Government Decree No 33/2008 of 21 February 2008 on the designation of authorities dealing with cases falling within the scope of Act C of 2001 on the recognition of foreign certificates and degrees as well as the list of services subject to declaration

CIKFO