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negative impact on judicial independence, however, in a much more covert and technical way than the earlier, withdrawn plan to put administrative courts under the Minister of Justice.
Hungarian NGOs rebut the Hungarian Government’s false or misleading statements and point out its lack of adequate reaction to EP concerns in the Article 7 procedure against Hungary
A description of the “starve and strangle” policies used by the Hungarian governing party to shrink space for free civil society in the country, applied behind the smoke screen of hate propaganda
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.
The HHC assessed the activities and independence of the Commissioner for Fundamental Rights of Hungary with a view to its upcoming re-accreditation as a “national human rights institution”. The analysis shows that even though the Ombudsperson was active in a number of areas, he repeatedly failed to address adequately pressing human rights issues that are politically sensitive and high-profile.
Slowly, Steadily, Stealthily How Rule of Law Is Further Undermined in Hungary January – September 2019 On 12 September 2018, the European Parliament voted to trigger proceedings against Hungary under Article 7 of the Treaty … Read more
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
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
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
On 12 September 2018, the European Parliament voted to trigger proceedings against Hungary under Article 7 of the Treaty on European Union on account of the systemic threat to the core values of the EU. … Read more
Blurring the Boundaries: New Laws on Administrative Courts Undermine Judicial Independence If you are interested in our detailed analysis of the proposed draft Bill, click HERE. *** Judicial independence is now in jeopardy in Hungary. … Read more
A new draft legislative package that limits judicial independence and restricts the freedom of judges to interpret the law is a serious threat to the rule of law in Hungary and runs counter to values … Read more
The HHC’s shadow reports and its suggestions for questions to be included in the List of Issues for the UN Human Rights Committee
The Hungarian Helsinki Committee shared its position with the Hungarian Government regarding the so-called “Stop Soros” draft bill. According to the human rights NGO the regulation under preparation is unacceptable and only serves constitutionally indefensible political … Read more