HUN-1994-1-004
a) Hungary / b) Constitutional Court / c)   / d) 29-03-1994 / e) 17/1994 / f)   / g) Magyar Közlöny (Official Gazette), 33/1994 / h) .
 
Keywords of the Systematic Thesaurus:
 
 
General Principles - Separation of powers.
Institutions - Ombudsman - Powers.
Institutions - Ombudsman - Relations with judicial bodies.
 
Keywords of the alphabetical index:
 
Judiciary, independence.
 
Summary:
 
The statutory provisions regulating the jurisdiction of the Ombudsman do not allow the investigation by him of the functioning of the courts. The Constitutional Court has already emphasized several times the importance of judicial independence, especially the stability and neutrality of the judiciary. The role of the Ombudsman is to guarantee, through the control of the administration, the realisation of rule of law and the protection of individual rights. There is only a limited possibility of abusing judicial power in civil law countries. The independent judiciary is constitutionally protected against any external influence. Therefore the regulation, declining to confer on the Ombudsman any power of control over the judiciary, is in conformity with the principles of the separation of powers and judicial independence. Although in Sweden, and in a few countries following the Swedish model, the Ombudsman has certain powers to control the judiciary, most countries rejected the original Swedish solution, and have implemented regulations similar to those existing in Hungarian law.
 
Languages:
 
Hungarian.