In February 2019, 55 Members of the Hungarian Parliament filed a constitutional complaint to the Constitutional Court, requesting the Court to examine the laws regarding the Administrative Court System whether it is in compliance with the Fundamental Law of Hungary.
In their request, the Members of the Parliament argued that the proposed law violates the base principles of the Fundamental Law, such as the separation of powers, the sufficient preparatory period and the independence of the judges. Their greatest complaint relating the new system was that it would be under ministerial control. The Constitutional Court issued its resolution on 20 June 2019, in which it rejects the constitutional complaint.
The Court argues in the resolution that independence of the judges is not the same as the independence of the administrative framework, in which they operate. As long as the minister does not have the right to influence the concrete decision making of the judges in particular cases, it is in compliance with the Fundamental Law. The resolution also outlines that there are existing bodies within the administration, such as the National Committee of the Judges (comprising of the representatives of the judiciary) that has legal instruments, through which they can act as a counterweight in the system.
However, although the Constitutional Court had no objection against the law in question, in the meantime the Hungarian Parliament has postponed the introduction of the new court system for an indefinite period of time.
By Rita Parkanyi, Partner, KCG Partners Law Firm
