The proposed amendment on administrative courts still does not meet Venice Commission recommendations

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 light of the recommendations of the Venice Commission. The Venice Commission, an international body of constitutional experts, raised serious concerns regarding the laws on administrative courts in its opinion published on 18 March 2019.

Supporters of the Bill argue that after adoption, all of the concerns of the Venice Commission would be moot. But the detailed analysis of the Hungarian Helsinki Committee, available here, shows that less than a third of the main recommendations would be addressed by the amendment.

More has to be done to meet international standards on the rule of law and the independence of the judiciary in relation to the recruitment and self-governance of judges, the appointment of judicial leaders and their powers, and the selection criteria for candidates to the post of the President of the Supreme Administrative Court. Our analysis shows which recommendations are not met and what has to be done to ensure judicial independence at administrative courts.

The Hungarian Parliament adopted laws last year to establish separate administrative courts starting from 2020. The plan was criticised by many, including Dunja Mijatović, Commissioner for Human Rights at the Council of Europe.