Topic: Rule of law

The explanatory note provides details of the proposed new framework concerning the state of danger and the state of medical emergency; compares the scope of decrees the Government may issue during a future state of danger, a future state of medical emergency, and while the Authorization Act remains in force; and demonstrates how the decision to lift the current state of danger will remain at the discretion of the Government.

Rapid analysis of the Bill on Terminating the State of Danger (T/10747) & the Bill on Transitional Provisions related to the Termination of the State of Danger (T/10748) Shortly before midnight on 26 May, Hungarian … Read more

Eight Hungarian NGOs, participating in the stakeholder consultation launched by the European Commission for its first annual Rule of Law Report, trust that the EC will make concrete, enforceable recommendations to EU Member States, hence … Read more

The Authorization Act allows the Government to introduce significant restrictions, practically without any time limit, without any debate in the Parliament, and without any guarantee for the swift and effective constitutional review.

Assessment of the proposed law to extend the state of emergency and its constitutional preconditions A carte blanche mandate for the Hungarian government with no sunset clause is not the panacea to the emergency caused by … Read more

A new law adopted on 17 December 2019 seems to be yet another attempt to make sure that politically sensitive court cases are decided in a way that is favourable for the executive power. It does not only make it possible to channel politically sensitive cases out of the ordinary court system, but also makes it harder in practice for individuals to enforce their rights vis a vis the state.

Judicial independence has been under constant threat and has been systematically undermined by the governing majority in Hungary in the past seven years. How did they do it? A timeline prepared by the Hungarian Helsinki Committee and Amnesty International Hungary outlines the major steps.

Judicial independence is being systematically undermined in Hungary. The Hungarian Helsinki Committee and Amnesty International Hungary recommend specific steps that would remedy the long-standing systemic deficiencies of the system, thus restoring and safeguarding judicial independence.

The new Bill amending rules on courts, submitted on 12 November to the Hungarian Parliament, should not be adopted in its current form.

On 12 November 2019, the Hungarian Government submitted a Bill to the Parliament which, if adopted, will have a significant negative impact on judicial independence, however, in a much more covert and technical way than the earlier, withdrawn plan to put administrative courts under the Minister of Justice.

Hungarian NGOs rebut the Hungarian Government’s false or misleading statements and point out its lack of adequate reaction to EP concerns in the Article 7 procedure against Hungary

A description of the “starve and strangle” policies used by the Hungarian governing party to shrink space for free civil society in the country, applied behind the smoke screen of hate propaganda

Following a judgment concluding that the removal of the Supreme Court President in 2012 was prompted by the criticism he voiced, the CoE called on Hungary to protect the freedom of expression of judges, but to no avail: today, judges are facing retaliatory measures and media attacks once again for voicing professional criticism.

The HHC assessed the activities and independence of the Commissioner for Fundamental Rights of Hungary with a view to its upcoming re-accreditation as a “national human rights institution”. The analysis shows that even though the Ombudsperson was active in a number of areas, he repeatedly failed to address adequately pressing human rights issues that are politically sensitive and high-profile.

Slowly, Steadily, Stealthily How Rule of Law Is Further Undermined in Hungary January – September 2019 On 12 September 2018, the European Parliament voted to trigger proceedings against Hungary under Article 7 of the Treaty … Read more

New briefing paper by the Hungarian Helsinki Committee and Amnesty International Hungary on the constitutional crisis in the Hungarian judiciary. The paper outlines key developments since January 2018, both regarding the ordinary court system and … Read more

The Hungarian Helsinki Committee published a new study on case allocation in Hungarian courts. According to the findings of the study, the rules regulating which case will be decided by which judge (the case allocation … Read more

On Monday, the Hungarian Parliament finalised the laws on the country’s new administrative courts. In its current form, even after amendments, the laws do not comply with international standards and do not follow the recommendations … Read more

Contrary to Government claims, the proposed amendment to the laws on administrative courts will not address all concerns. Pro-government MPs submitted a Bill on 12 March 2019 to amend the laws on administrative courts in … Read more

Hungary’s new administrative courts from 2020 will be under full ministerial influence. While the Ministerial model of court administration is not in itself wrong, and it works well in democracies around the World, the Hungarian … Read more