Authoritarian Prime Minister Viktor Orbán is working hard (and efficiently) to dismantle independent democratic institutions in Hungary. Now he tightened his grip on the court system by creating a parallel judicial structure under his trusted justice minister. The new system will be in place within a year and Mr. Orbán will have full control of hiring and promoting its judges. The so called “public administration” courts will also handle matters related to electoral law, corruption and the right to protest.
Chile’s dictator Augusto Pinochet said that “Not a leaf moves in this country if I’m not moving it.” For all practical purposes Orban is almost there.
The American Bar Association (ABA) is alarmed by the swift changes in Hungary and issued the following statement.
György Lázár
***
Statement of Bob Carlson, ABA president about the changes to the Hungarian Court System
Absent a guarantee of autonomy and independence, transferring key public administration decisions from the courts to a separate administrative judiciary threatens judicial independence in Hungary. The formation of the new court system, which will start hearing cases in 2020, violates Hungary’s commitment to an independent judiciary, as reflected in its agreement to adhere to the U.N.’s Basic Principles on the Independence of the Judiciary. Granting a political appointee authority over hiring, promoting and disciplining judges effectively gives him authority over rulings on protests, strikes, data privacy, construction and more—issues that are no longer under the supervision of the Supreme Court.
The strength of any democracy rests on the ability of its judges to impartially interpret and apply the law. As a central component of the rule of law in any country, the judiciary must be independent of political influence, free from interference from other branches of government and tasked with equitably applying the law in all matters.
The ABA urges the government of Hungary to respect its obligations to the rule of law, to halt its efforts to create a parallel, politically controlled court system and to restore to the Supreme Court oversight of the public administrative court system.
