Helsinki File: Independence of the judiciary

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

On Monday, the Hungarian Parliament finalised the laws on the country’s new administrative courts. In its current form, even after amendments, the laws do not comply with international standards and do not follow the recommendations … Read more

Contrary to Government claims, the proposed amendment to the laws on administrative courts will not address all concerns. Pro-government MPs submitted a Bill on 12 March 2019 to amend the laws on administrative courts in … Read more

On Tuesday, Fidesz MPs proposed changes to the laws on administrative courts. These courts, starting from next year, will decide on important cases where the citizen is against the state. The new courts were heavily … Read more

The Venice Commission will be reviewing the Hungarian Government’s new Law on administrative courts 15-16th March and is expected to publish its opinion in the following days. The government is also preparing for this, by … Read more

Hungary’s new administrative courts from 2020 will be under full ministerial influence. While the Ministerial model of court administration is not in itself wrong, and it works well in democracies around the World, the Hungarian … Read more