Our updated assessment of Hungary’s compliance with the 4 super milestones aimed at restoring the independence of the judiciary looks at the implementation of the judicial package adopted in May 2023 by the Hungarian Parliament. … Read more
The Council of Europe has been waiting for Hungary to take steps to execute the Baka case that also concerns the freedom of expression of judges. The inactivity and the telling silence of the Hungarian government is becoming all the more embarrassing, especially because Hungary is expected to give account of important guarantees of the judicial system. During the latest supervision effected in March, the Committee of Ministers also took note of the fact that the President of the Kúria requested the annulment of the Code of Ethics of Judges before the Constitutional Court.
On 18 January, the Hungarian government published and submitted for public consultation a draft law on the judiciary. The amendments are essential to fulfil the so-called super milestones set by the EU, linked to the … Read more
The legal changes proposed by the Hungarian government about the country’s judicial system do not meet the requirements set out in the respective super milestones by EU institutions in relation to Hungary’s Recovery and Resilience … Read more
Our communications to the Committee of Ministers of the Council of Europe show that the independence and integrity of the judiciary in Hungary has been further weakened by the government, and Hungary has been failing to implement the European Court of Human Rights’ judgment in the Baka case.
A Hungarian administrative judge was declared unsuitable and therefore forced by her boss to leave the bench in the course of her professional evaluation. In fact, the same judge was the one, who had sent a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling because she believed the Hungarian asylum law might be in breach of the EU law.
The Hungarian government has for many years been reluctant to take any meaningful action to safeguard the freedom of expression and independence of Hungarian judges. The execution of the Baka v. Hungary judgment is going on since 2016, but the Hungarian state has not lifted a hand yet.
18 months have passed since the last hearing was held in the Article 7 procedure. During this time qualitative changes have occurred in the nature of the Hungarian illiberal regime. We look at some of the key issues today’s Article 7 hearing in the General Affairs Council should take into account.
The Advocate General of the Luxembourg-based Court of Justice of the European Union (CJEU) made it abundantly clear that only one forum can legally decide whether a Hungarian judge’s request for a preliminary ruling from the CJEU is inadmissible, and that is the CJEU itself. The opinion of the Advocate General directly affects both the applicability of EU law in Hungary and the independence of Hungarian judges.
András Patyi has become a Vice President of the Kúria (Supreme Court of Hungary) based on recommendation of the new Chief Justice recently elected against clear objection of judicial representatives. Prime Minister Viktor Orbán’s loyal … Read more