HUN-1993-2-011

a) Hungary / b) Constitutional Court / c)  / d) 11-06-1993 / e) 38/1993 / f)  / g) Magyar Közlöny (Official Gazette), 75/1993 / h) .

Keywords of the Systematic Thesaurus:

04.06.06

Institutions - Executive bodies - Relations with judicial bodies.

04.07.04.01.02

Institutions - Judicial bodies - Organisation - Members - Appointment.

04.07.05

Institutions - Judicial bodies - Supreme Judicial Council or equivalent body.

Summary:

Under Hungarian law, the Minister of Justice has several powers in appointing the presidents of the courts at different levels. The amendment to the Judiciary Act in 1991 introduced new self-governing institutions (judicial councils), but did not abrogate the Minister's powers. Therefore claimants challenged the constitutionality of the Act. The Constitutional Court upheld the validity of the law, but defined the constitutional requirements of the appointments. The appointment of judges by another branch (e.g. the executive) must be counterbalanced by the judiciary or by another branch. In the case of participation by the judiciary, their opinion should substantially determine the appointment.

Supplementary information:

Two justices wrote dissenting opinions, one justice attached a concurring opinion.

Languages:

Hungarian.