The Judicial reform in Hungary

As a result of the democratic transformation of the political system in 1989-1990, the functioning of the Hungarian judicial system underwent a reform of historical importance in the course of the subsequent decade. Article 1 of Act XXXI of 1989 on the Amendments of the Constitution declared that "Hungary is a republic", accordingly since 1989 the courts have passed their decisions in the name of the Republic of Hungary. (Act CLXI of 2011 on the Organisation and Administration of the Courts, which came into force on 1 January 2012, does not contain such a provision, and with the repeal of Article 257(2) of the Act on Criminal Procedures and Article 212(2) of the Act on Civil Procedures as of 1 January 2012, no procedural law includes the provision any more.)The modification of the constitution necessitated the amendments of numerous laws and the reforming of the whole judicial system. The acts containing the most important elements of reform were adopted in 1997, in the frame of which Act LXVI of 1997 on the Organisation and Administration of the Courts annulled the previous act on the judiciary.

The elements of reform
The political transition in 1989-90 created the basis of the rule of law in the country and gave rise to a gradually evolving reform in jurisdiction. To understand the significance of the judicial reform one has to be familiar with the previous structure of judicial administration, most importantly with the fact that in conformity with the socialist state model the judiciary and the executive were closely interwoven. Apart from the Supreme Court, whose president was elected by Parliament, the connection between the executive and the judiciary in the case of all other courts was ensured by the Minister of Justice. The control and administration of the county and local courts fell under the competence of the Minister, thereby dividing the theoretically single judicial system in administrative matters. The professional guidance of adjudication was a responsibility of the Supreme Court, however, within the framework of its right to supervise the functioning of the courts, the Minister of Justice continuously examined and guided the professional judicial activity of the courts as well.
To remodel and reorganise this judicial system and to establish the basis of a modern and effective system which is compatible in the European Union as well, the judicial reform package focused on the following issues:

• In order to separate the judiciary from the executive, the administration of the courts was transmitted from the Minister of Justice to the newly established National Council of Justice. The establishment of the National Council of Justice brought about the independence of the judiciary and put an end to the control of the government. The external administration and control that had been exercised by the Minister of Justice in the previous system was transformed into an internal administration.


• The administrative autonomy of the Supreme Court ceased to exist and it was integrated into the judicial organisation.


• The judicial system which until then had consisted of three levels was complemented by a fourth level: that of the appeals courts. With the establishment of the five regional appellate courts several objectives were realised. It reduced the overwhelming workload of the local courts, it extended the possibility of legal remedy and simultaneously, by reducing the number of cases which the Supreme Court was required to hear, it made it possible for the Court to concentrate on its primary task of providing theoretical guidance to lower courts. See Act LXVI of 1997 on the Organisation and Administration of the Courts.


• Compared to previous regulations, Act LXVII of 1997 on the Legal Status and Remuneration of Judges prescribes stricter requirements that have to be met in order to become a judge. The rights and duties of judges are defined exhaustively in this act and it also establishes a new principle on which to base the remuneration of judges. The aim of the law is to improve the composition of the judiciary and to increase the prestige of judicial career.


• Act LXVIII of 1997 regulated the service relation and remuneration of judicial employees since they are an important factor of the efficiency of the courts.


• The new rules of civil and criminal procedures are closely related to the new four-level court system. Cases whose adjudication is particularly difficult because of the facts or laws involved are moved from local to county courts. While observing the principles of fair trial, the new rules enable the courts to conduct proceedings in a quicker and easier way.

An episode of wrangling with the courts of appeal
The Constitution and the acts of 1997 provided the establishment of the regional courts of appeal. Pursuant to Act LXIX of 1997 three courts of appeal should have been set up in Budapest, Pécs and Szeged by 1 January 1999 and by 1 January 2003 the latest two more should have been instituted in Debrecen and Győr. However, following the 1998 national elections and the talks between the Prime Minister and the leaders of jurisdiction at Hédervár on November 3, the Parliament postponed the setting up of the courts of appeal until December 1998. It repealed the relevant act of 1997 and laid stress on strengthening the position of the lower forums of jurisdiction instead. Act CX of 1999 on the Location and Jurisdiction of the National Court of Appeal provided for a single court of appeal in Budapest acting with national competence. However, Decision 49/2001 (XI.22.) AB of the Constitutional Court established that the Parliament created an unconstitutional situation by failing to regulate the establishment of several courts of appeal notwithstanding the explicit authorisation therefor conferred by the Constitution. The Court called upon the Parliament to perform its obligation to regulate according to the Constitution and the amendment was to be passed by the end of 2002. On 9 July 2002 following the national elections, the Parliament passed the government's proposal on the setting up of five courts of appeal.
The appellate courts in Budapest, Pécs, and Szeged have been working actively since 1 July 2003, the ones in Debrecen and Győr since 1 January 2005. At the five courts of appeal there are altogether 153 judges. With the exception of Budapest, the new courts have got suitable buildings or they are under construction. In Budapest the idea arose that the Supreme Court should move to the former building of the Hungarian Curia opposite the Parliament, leaving its present seat to the Budapest Court of Appeal.

The Presidents of the Supreme Court and the Curia
From 1990 on dr. SOLT Pál - who had been a supreme court judge and a constitutional court judge - was President of the Supreme Court for two periods of six years. He was followed by dr. LOMNICI Zoltán between 2002 and 2008. After the expiry of his mandate, the power of president was assigned temporarily to Vice-President dr. KAPOSVÁRI Bertalan. On 22 June 2009 dr. BAKA András was elected President of the Supreme Court and his mandate terminated on 31 December 2011. Based on Act CLXI of 2011 on the Organisation and Administration of the Courts the professional and administrative management of the court system of Hungary have been separated. As of 1 January 2012 the administration of the courts has been assigned to the president of the National Judicial Office, under control by the National Council of Judges, while the president the Curia has been invested with the task to co-ordinate the professional activities of the courts. After a lapse of more than 60 years the Curia has been re-instituted as the main guardian of the uniform application of law. As of 1 January 2012 the Parliament elected dr. DARÁK Péter the President of the Curia.