Today the Ministry of Public Administration and Justice replied to a letter received from the vice-president of the European commission, which was sent on 12 December. Viviane Redding asked for information from the Hungarian government following a petition from Hungarian Socialist MEP Kinga Göncz related to the restructuring of the court system and of the institution of the Commissioner for Data Protection in Hungary. The petition was submitted on 30 November in Brussels, following adoption of the relevant Acts in the Hungarian parliament.

In its reply the Government stated that, by restructuring the institution of the Commissioner for Data Protection, an authority with stronger powers related to data protection will replace the current weaker ombudsman’s office. This is the case in a number of other EU Member States, and conforms to requirements set by the European Union in this area. Hungary is entitled to decide on the most effective institutional form, just as are other Member States. In the Hungarian government’s opinion to maintain a less effective form of ombudsman’s institution would itself be incompatible with EU law.

The Government reply clarifies the aims behind the restructuring of the court system. The changes make a clear separation between professional and administrative management. The advantage of the new administrative model is that professional and administrative remits will not overlap or conflict with each other: the President of the Curia will be responsible for professional matters, and the President of the National Courts Authority (OBH) will decide on administrative questions. The internal organisation of tasks will not affect the independence of judges, however. Thus the new legislation conforms is in every respect with fundamental, guiding EU and international principles and requirements related to the administration of justice.

(kormany.hu)