Topic: Rule of law

Today the European Court of Human Rights concluded Hungary was in breach of the European Convention on Human Rights due to the premature termination of the Hungarian Supreme Court’s President’s mandate in early 2012. The judgment confirms concerns of the HHC, the HCLU and the Eötvös Károly Institute that Mr Baka’s dismissal violated the independence of the judiciary, and was a further step in weakening the rule of law in Hungary.

In a judgment issued today, the Court of Justice of the European Union concluded that the Data Protection Commissioner of Hungary was replaced by a new authority in an unlawful way. The judgment makes it clear that having two-thirds majority in Parliament means no exemption from complying with European norms.

Last week’s dismal decisions of the Hungarian Constitutional Court (CC), the National Electoral Commission and the Data Protection Authority (DPA) have proved former concerns of human rights NGOs correct: institutions, which ought to be independent and have the duty to guard constitutionalism have failed. They serve the interest of the government, instead of limiting its power. However, we do not gloat over this failure, since we believe that all of our fundamental rights are being jeopardized by their misconduct, as it is affecting the key public matter of democracy, the elections.

New laws adopted by the Hungarian Parliament raise concerns again in terms of human rights and the rule of law, while most of the previous objections raised by international bodies regarding Hungarian developments remain unanswered. The AEDH and the Hungarian Helsinki Committee call on the Hungarian Government to respect the values appearing in Articles 2 and 6 of the Treaty on the European Union and urge the European Union and international stakeholders to remain vigilant in following-up whether Hungary complies with their recommendations, and to closely monitor and assess new developments.

The Eötvös Károly Institute, the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union criticize the abolishing of the upper age limit of 70 years in case of elected Constitutional Court judges, including current serving judges.

Opinion of the Hungarian Helsinki Committee, the Hungarian Civil Liberties Union and the Eötvös Károly Institute

The Hungarian government provided detailed comments on the so-called Tavares Report regarding the situation of fundamental rights in Hungary, which will soon be discussed by Members of the European Parliament. The Hungarian Helsinki Committee (HHC), the Hungarian Civil Liberties Union (HCLU), and the Standards (Mérték) Media Monitor responded to the government’s inaccurate and unfounded comments in an analysis submitted to the factions of the European Parliament.

According to the Eötvös Károly Institute, the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union, the Constitutional Court’s decision to hear the President of the National Judicial Office behind closed doors undermines the transparency of decision-making by a public office, the right to freedom of information and the right to a fair trial.

Analyses and summaries in English on the problems arising in connection with the Fourth Amendment to the Fundamental Law of Hungary in terms of the rule of law and the protection of human rights.

The HHC, the HCLU and the Eötvös Károly Institute met the delegation of the Venice Commission in Budapest last week, and informed them about the severe problems arising in connection with the Fourth Amendment to the Fundamental Law of Hungary.

Three Hungarian NGOs, the Hungarian Helsinki Committee, the Eötvös Károly Institute and the Hungarian Civil Liberties Union addressed the Secretary General of the Council of Europe and the European Commission Vice-President, Commissioner in Charge of Justice, Human Rights and Citizenship in order to raise their attention to the planned Fourth Amendment to the Fundamental Law of Hungary, threatening the rule of law. The NGOs asked the Secretary General of the Council of Europe to request the Venice Commission to perform an analysis of the proposed amendments.

In 2010, the Hungarian Parliament adopted an Act allowing the dismissal of certain civil servants without justification. Related provisions left civil servants without effective domestic remedy, because in absence of justification, it is almost impossible … Read more

The HHC, the HCLU and the EKINT claim that the preliminary and obligatory registration for voting has no legitimate aim and thus it is arbitrary,

Last year the Government introduced fundamental changes to the judicial system. Although 30 separate provisions of the relevant regulation were amended in response to the serious concerns raised by the Venice Commission (VC), the organization of the judicial system remains centralized and still endangers the independence of the judiciary and the fairness of court proceedings – according to the Eötvös Károly Institute, the HHC and the HCLU.

On 25/9/2012, NGO representatives shared their views with the delegation of the European Parliaments’s LIBE committee concerning the Hungarian legal developments relevant from the perspective of fundamental European principles and values.

The Hungarian Government commented on the draft opinion of the Venice Commission regarding the new Hungarian Act on the Constitutional Court. The HHC, the HCLU, and the Eötvös Károly Institute outlined and assessed the reactions of the Government.

We asked the Minister how his letter sent to the President of the Curia, in relation to the judgment in the Cozma-case, can be reconciled with respecting the independence of judges and also about his concept of rule of law in light of the debated governmental steps taken during the last two years.

The Hungarian Government failed to provide adequate legislative response to the Venice Commission’s criticism on judicial reform

On 20 April 2012, Hungarian Minister of Justice and Public Administration, Mr. Tibor Navracsics submitted to Parliament a draft Parliamentary Resolution not to execute the judgment of the European Court of Human Rights (ECtHR) taken in the case of Fratanolo v Hungary.

Fact sheets prepared by the HHC, the Hungarian Civil Liberties Union and the Eötvös Károly Policy Institute on some of the cardinal changes related to the rule of law in Hungary