The Venice Commission welcomed the amendment of the judicial laws, Minister of State for Justice Róbert Répássy told MTI, the Hungarian News Agency on Saturday, adding that the body maintained its concerns on two issues; the retirement of judges and the appointment of courts. Due to the critical remarks, the Government will seek the decision of the Constitutional Court and will render any further amendments conditional upon its findings.

After attending the plenary meeting of the Commission held in Venice, the Minister of State told MTI in a telephone interview that the amendment of the judicial laws in July addressed most of the critical remarks voiced by the Venice Commission. The advisory board of the Council of Europe on constitutional matters welcomed the extension of the powers of the National Judicial Council (NJC) and that there is now wider scope for appealing against the decisions of the President of the National Judicial Office (NJO). According to the Venice Commission, these changes result in the better accountability of the President of the NJO and the reinforcement of the operation of the NJC as a self-governing body.

Róbert Répássy stressed that the opinion of the body comprised of independent constitutional lawyers confirmed that there was a need for the reform of the administration of justice, and the amendments made to the laws take most of the criticisms voiced in its previous position into consideration.

The body, however, maintained its former concerns in connection with the retirement of judges and the relocation of cases. In the context of the retirement age of judges, the Venice Commission called upon the Government to create rules in harmony with the decision of the Constitutional Court, while in respect of the transfer of cases, it urged the identification of objective criteria.

Róbert Répássy said that the Venice Commission also made several minor recommendations with respect to the appointment of courts, the temporary deputisation of the President of the NJO, the President’s obligation of reasoning, the job applications of judges, the legal standardisation procedure, the appointment of judges, the composition of the NJC and the status of the members of the judicial council.

The Minister of State said that the Government will seek the decision of the Constitutional Court on the Commission’s remaining concerns in order to ensure that the laws under investigation fully comply with the Fundamental Law that provides for the independence of courts.

In answer to MTI’s question on this issue, Róbert Répássy said that any changes will be subject to the findings of the subsequent norm verification of the Constitutional Court because the Government believes that the questions in dispute must be brought to a resolution.

At the same time, he stressed that the Constitutional Court has already adopted its decision on the retirement age of judges - the Venice Commission has now confirmed this and reiterated that the retirement age of 62 years is unacceptable -, while  the rules of the relocation of cases are also being reviewed. (The Government last week revoked for revision its constitutional and legislative amendment which would set the retirement age of the service relationship of judges and prosecutors at 65 because it wishes to better consider the remarks of the NJO and the chief prosecutor.)

The Venice Commission also evaluated the Hungarian legal rule on information autonomy and the freedom of information. According to the information of the Minister of State for Justice, the Commission concluded that the law conforms on the whole to the applicable European and international principles. At the same time, Róbert Répássy pledged to consider the recommendations regarding deadlines and business secrets.

(MTI)