Helsinki File: Independence of the judiciary

18 months have passed since the last hearing was held in the Article 7 procedure. During this time qualitative changes have occurred in the nature of the Hungarian illiberal regime. We look at some of the key issues today’s Article 7 hearing in the General Affairs Council should take into account.

The UN Special Rapporteur on the independence of judges and lawyers considered the election of Justice András Zs. Varga as President of the Kúria as a measure hampering judicial independence.

The Advocate General of the Luxembourg-based Court of Justice of the European Union (CJEU) made it abundantly clear that only one forum can legally decide whether a Hungarian judge’s request for a preliminary ruling from the CJEU is inadmissible, and that is the CJEU itself. The opinion of the Advocate General directly affects both the applicability of EU law in Hungary and the independence of Hungarian judges.

András Patyi has become a Vice President of the Kúria (Supreme Court of Hungary) based on recommendation of the new Chief Justice recently elected against clear objection of judicial representatives. Prime Minister Viktor Orbán’s loyal … Read more

A compilation prepared by the Hungarian Helsinki Committee of public statements, academic quotes, and decisions taken by the freshly appointed Chief Justice of Hungary mirror a person, who is perceivably loyal towards the ruling majority … Read more

The new chief judge in Hungary: a potential transmission belt of the executive within the judiciary The election of the new President of the Kúria (the Supreme Court of Hungary) is the next stage in … Read more

The Hungarian Government has failed to address in a satisfactory manner the concerns around the right to freedom of expression of Hungarian judges. Therefore, in its decision published today, the Committee of Ministers of the Council of Europe has not closed the supervision of the judgment delivered by the European Court of Human Rights in the Baka v. Hungary case, and requested the Hungarian authorities to submit an updated action plan.

A communication by the Hungarian Helsinki Committee and Amnesty International shows that due to the legal and institutional structures created by the governing majority, the chilling on the freedom of expression of judges effect is encoded in the Hungarian court system, and Hungary has failed to adopt guarantees to avoid retaliation against judges voicing criticism in relation to the independence of the judiciary.

The HHC’s new report shows how ruling party politicians have exerted undue influence on the judiciary in Hungary between 2010–2020, either by interfering in pending cases or undermining the credibility of judicial decisions, or by eroding public confidence in the judiciary as a whole.

A new law adopted on 17 December 2019 seems to be yet another attempt to make sure that politically sensitive court cases are decided in a way that is favourable for the executive power. It does not only make it possible to channel politically sensitive cases out of the ordinary court system, but also makes it harder in practice for individuals to enforce their rights vis a vis the state.

Judicial independence has been under constant threat and has been systematically undermined by the governing majority in Hungary in the past seven years. How did they do it? A timeline prepared by the Hungarian Helsinki Committee and Amnesty International Hungary outlines the major steps.

Judicial independence is being systematically undermined in Hungary. The Hungarian Helsinki Committee and Amnesty International Hungary recommend specific steps that would remedy the long-standing systemic deficiencies of the system, thus restoring and safeguarding judicial independence.

The new Bill amending rules on courts, submitted on 12 November to the Hungarian Parliament, should not be adopted in its current form.

On 12 November 2019, the Hungarian Government submitted a Bill to the Parliament which, if adopted, will have a significant negative impact on judicial independence, however, in a much more covert and technical way than the earlier, withdrawn plan to put administrative courts under the Minister of Justice.

The Acting President of the Budapest-Capital Regional Court (Fővárosi Törvényszék) initiated disciplinary proceedings against Judge Csaba Vasvári for referring questions to the Court of Justice of the European Union (CJEU) under Article 267 of the … Read more

Following a judgment concluding that the removal of the Supreme Court President in 2012 was prompted by the criticism he voiced, the CoE called on Hungary to protect the freedom of expression of judges, but to no avail: today, judges are facing retaliatory measures and media attacks once again for voicing professional criticism.

New briefing paper by the Hungarian Helsinki Committee and Amnesty International Hungary on the constitutional crisis in the Hungarian judiciary. The paper outlines key developments since January 2018, both regarding the ordinary court system and … Read more

The Hungarian Helsinki Committee published a new study on case allocation in Hungarian courts. According to the findings of the study, the rules regulating which case will be decided by which judge (the case allocation … Read more

This June the Parliament will elect the President of the new Supreme Administrative Court, who will have extremely wide powers over judges and cases concerning a range of issues from taxation to human rights. But … Read more

The Hungarian Helsinki Committee and Amnesty International Hungary organised an international conference titled “The rule of law and the independence of the judiciary in Hungary and in Europe – trends, concerns, ways ahead” on 25 … Read more