Submission to the Committee of Ministers in the Baka v. Hungary case

More than ten years have passed since a final judgment in the Baka v. Hungary case was delivered on 23 June 2016. Over the years, the case has become a par excellence negative example of the non-execution of judgments of the European Court of Human Rights. The implementation of the judgment requires 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. The stakes of non-execution are extremely high not only because the case is crucial for the rule of law both at national and at Council of Europe level, but also because only an independent judiciary is capable of enforcing the state authorities’ compliance with the undertakings of the Convention.

The Hungarian Helsinki Committee has been following the status of implementation of this key judgment since the outset. Ahead of the Committee of Ministers meeting in December 2026, where the Baka v. Hungary case will be on the agenda again, we prepared a new communication in the case, in which we respectfully recommend the Committee of Ministers to continue examining the effective execution of the judgment under the enhanced procedure, in particular as regards both the violation of judges’ freedom of expression and the lack of procedural safeguards in relation to the premature termination of the mandate of the Kúria President, and to consider all available procedural measures to persuade Hungarian authorities to fully comply with the judgment.

The full Rule 9(2) communication is available here.