Helsinki File: Independence of the judiciary

Less than one week before the scheduled decision on compliance with the judicial super milestones by the European Commission, the Hungarian government launched last-minute legislative amendments to cover at least part of the outstanding deficiencies … Read more

Hungary’s access to EU funds under the Recovery and Resilience Facility (RRF) and under ten operative programmes are connected to a complex set of benchmarks, amongst these, four so-called super milestones aimed at strengthening the … Read more

More than seven years have passed since the European Court of Human Rights (ECtHR) delivered the Baka v. Hungary judgment, requiring Hungarian authorities to lift and countervail the “chilling effect” on the freedom of expression … Read more

Our updated assessment of Hungary’s compliance with the 4 super milestones aimed at restoring the independence of the judiciary looks at the implementation of the judicial package adopted in May 2023 by the Hungarian Parliament. … Read more

On 1 June 2023, the judicial reform package adopted by the Parliament to comply with the super milestones set out in Hungary’s Recovery and Resilience Plan with a view to enhancing the independence of the … Read more

On 3 May 2023, the Hungarian Parliament adopted Act X of 2023 on the Amendment of Certain Laws on Justice related to the Hungarian Recovery and Resilience Plan. The Hungarian government now claims to have met all four of the so-called super milestones aimed at restoring the independence of the judiciary set by the Council of the European Union as a precondition for accessing frozen EU funds under Hungary’s Recovery and Resilience Fund (RRF).

On 12 December 2022, the European Council adopted Hungary’s Recovery and Resilience Plan after the European Commission finally approved it. Compared to the original plan, the adopted version includes a new set of benchmarks on governance and public administration, totaling 38 measures with 111 milestones and targets. 27 of these milestones are ‘super milestones’; if not met, no payment under the EU’s Recovery and Resilience Facility (RRF) will be allowed. Four of the 27 super milestones concern the Hungarian judiciary.
One benchmark requires the Hungarian government to remove all obstacles to the preliminary reference procedure set out in Article 267 TFEU. This is Super Milestone 215.

Today Amnesty International Hungary, the Eötvös Károly Institute and the Hungarian Helsinki Committee turned to the European Commissioner for Justice, Didier Reynders, regarding concerns about the ongoing law-making process aimed at ensuring Hungary’s compliance with … Read more

As of the end of the first quarter of 2023, the Hungarian government is yet to comply with most of the conditions established by European Union institutions to access EU funds. According to Hungarian civil society organisations, the Government had not yet taken adequate steps in order to fully address the rule of law and human rights concerns raised by the EU, and so numerous issues related to the anti-corruption framework, judicial independence, law-making, the rights of refugees and asylum-seekers, academic freedom and the rights of LGBTQI+ persons remain unresolved. Swift measures are necessary in all of these areas to ensure that the country and its citizens are granted access to EU funds.

On 12 December 2022, the Council adopted Hungary’s Recovery and Resilience Plan based on the Commission’s positive evaluation. Compared to the original plan, a new set of measures were added on governance and public administration, … Read more

The Council of Europe has been waiting for Hungary to take steps to execute the Baka case that also concerns the freedom of expression of judges. The inactivity and the telling silence of the Hungarian government is becoming all the more embarrassing, especially because Hungary is expected to give account of important guarantees of the judicial system. During the latest supervision effected in March, the Committee of Ministers also took note of the fact that the President of the Kúria requested the annulment of the Code of Ethics of Judges before the Constitutional Court.

As a result of six years of continuous inertia to implement the European Court of Human Rights judgment in the Baka v. Hungary case, in which the Court concluded that the premature removal of the … Read more

On 18 January, the Hungarian government published and submitted for public consultation a draft law on the judiciary. The amendments are essential to fulfil the so-called super milestones set by the EU, linked to the … Read more

The legal changes proposed by the Hungarian government about the country’s judicial system do not meet the requirements set out in the respective super milestones by EU institutions in relation to Hungary’s Recovery and Resilience … Read more

Safeguards against abuses when it comes to the restriction of the freedom of expression of Hungarian judges are still missing. This is also evidenced by new, intense smear campaigns launched in 2022 against critical judges, with government politicians joining the propaganda media. In their submission to the Council of Europe, Amnesty International Hungary and the Hungarian Helsinki Committee argue that this goes against the judgment delivered by the European Court of Human Rights over six years ago in the Baka v. Hungary case.

Three recent high-profile corruption cases clearly show that an independent judiciary is essential to fight corruption and eliminate risks for the EU budget, and arbitrary and uncontrolled court management powers are not only a theoretical … Read more

The Hungarian judiciary has been waiting in vain for nine months for their leaders to clarify their role in one of the most serious corruption scandals of recent years, the Schadl–Völner case, involving György Schadl, … Read more

In an attempt to capture the Hungarian judiciary, in the past years several judges have been granted appointments and/or leadership positions through either formal breaches of the relevant laws, or using legal loopholes. In our … Read more

Capturing independent courts – both the Constitutional Court and the ordinary court system – has been in progress for over ten years and has nearly come to full completion in Hungary.  One weak, but independent … Read more

The ongoing negotiations between the Government of Hungary and the European Commission regarding the conditions for Hungary’s access to the EU’s Recovery and Resilience Facility as well as the conditionality procedure under the Regulation to … Read more