Fundamental deficiencies – an assessment of the judicial reform in light of its implementation

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 independence of the Hungarian judiciary (Judicial Super Milestones). In May 2023, Hungary adopted a judicial reform package based on which the Hungarian government claims to have met all four of the Judicial Super Milestones and requests payment.

Our legal summary, available here, explains

• why compliance of the Judicial Reform is defective;
• why the remaining deficiencies must be considered as fundamental;
• which fundamental deficiencies require further legislative steps to achieve compliance in;
• which fundamental deficiencies require further proof of their proper implementation in.