Persisting threats to the freedom of expression of judges

More than eight years have passed since the European Court of Human Rights (ECtHR) delivered its judgment in the Baka v. Hungary case. The implementation of the judgment would require Hungary to pass legislative measures that guarantee the irremovability of judges and their freedom of expression, which are both key components of the independence of the judiciary, a fundamental constituent of democracy and the rule of law.

However, over the years, the Baka-case has become an outstanding example of the non-execution of judgments of the ECtHR by Hungary. The stakes of non-execution are extremely high not only because the case is crucial for the rule of law, but also because only an independent judiciary is capable of enforcing compliance with the undertakings of the European Convention on Human Rights vis a vis state authorities.

The Hungarian Helsinki Committee has been monitoring the implementation of the judgment in the Baka case for years. Ahead of the upcoming meeting of the Committee of Ministers of the Council of Europe in March 2025, supervising the implementation of ECtHR judgments, we submitted, once again, a communication showing the deficiencies of the implementation.

Our latest communication to the Committee of Ministers presents, among others,

• the results of a survey conducted by the Hungarian Association of Judges (MABIE) which proves the presence of a chilling effect on the freedom of expression of judges;
• additional evidence of the existence of an increasingly strong chilling effect, such as judicial concerns regarding retaliation and threatening instances in the communications of the top judicial leader; and
• concrete examples of retaliation for expressing critical opinions.

The Hungarian Helsinki Committee’s submission, which also includes recommendations, is available here:

Rule 9(2) communication in the Baka v. Hungary case (January 2025)