Taking account of the comments made by the Venice Commission, the Ministry of Public Administration and Justice has prepared its proposed amendments to the Act on the Courts. Tibor Navracsics, Minister of Public Administration and Justice, submitted the proposals to Parliament on 15 March.

The aims of the bill are the following: to make the operation and administration of the judiciary even more efficient and transparent, through the clarification and augmenting of legislation related to the courts; and, with regards to central administration, to further strengthen the supervisory powers of the National Judicial Council (OBT) over the President of the National Judiciary Office (OBH).

The bill transfers some of the administrative tasks of the President of the OBH to the OBT, and augments the existing supervisory powers of the OBT. In the future, the President of the OBH will only be able to exercise certain powers in accordance with principles prescribed by the OBT. This will apply, for example, when the President of the OBH wishes to depart from the order of preference established by the OBT in the selection of judges, or if the President selects a different court for a trial, due to lack of capacity in the previously appointed court.

Ultimately, the bill would provide the OBT with the ’right of consent’ during the assessment procedure for appointment of court executives and selection of judges, should the President of the OBH wish to appoint an applicant not supported by the judicial body, or should the President wish to depart from the judicial body’s order of preference.

The Act on the Organisation and Administration of Courts and the Act on Legal Status and Remuneration of Judges have created a legal framework necessary for the operation of the judiciary in Hungary which is of high quality and accords with the Fundamental Law, is uniform across the country, and is predictable and timely. The bill which has now been submitted makes no changes to this overall framework.

(Ministry of Public Administration and Justice)