Strasbourg, 1 February 2006

CCJE/REP(2006)9
English only

Consultative Council of European Judges (CCJE)

Questionnaire on “ The role of judges in striking a balance between protecting the public interest and human rights in the context of terrorism”: reply submitted by the delegation of Hungary

Answers to the questionnaire CCJE (2005) 29

Hungary

A.1.
From 1999 until accession to the European Union (2004) the Hungarian judiciary (approx. 2600 persons) and the judicial clerks completed a course of basic community law and received training in some special fields. These courses were organised within the frame of the PHARE program with the participation of foreign speakers. Since our accession to the EU community law has become a subject of the judicial examination. For the active judges courses are organised irregularly as the development of community case-law requires.

A.2.
The official gazette containing the decisions of the Supreme Court includes the important new decisions of the European Court of Justice and the European Court of Human Rights. Every judge receives this gazette. In order to inform judges about community law, the Supreme Court operates a separate office. Community law is also attainable for every judge through the computer network.

A.3.
Yes. 50 per cent of the fee of English and French language courses are refunded.

B.1. – B.2.
The closest tie between the Hungarian courts and the Court of Justice is ensured by the preliminary ruling procedure. Up until now the Hungarian judges have requested four such procedures. Besides, a delegation consisting of judges of high rank participated on a one-week study tour in Luxembourg and the President of the Court of Justice and some of its members visited Hungary and lectured on current issues.

C.1.
The ECHR has been promulgated by an act of Parliament, consequently it has become a part of national law. The same applies to other international treaties promulgated by an act of Parliament. As a result, EU treaties are binding and the case-law following therefrom are applicable.

C.2.
The recommendations and resolutions have been gradually built into national legislation so they are enforced through national regulation.

C.3.
No, but the national court might suspend the proceedings and might request the Constitutional Court to annul a national regulation which runs counter to the ECHR. Within its power to administrate the courts the National Council of Justice – while respecting the independence of judges – might exercise an influence on courts to take into account such recommendations.

C.4.
Certain provision of Article 6 of ECHR (e.g. the prohibition of unreasonable length of proceedings) have been built into procedural law and it makes it possible for a party to bring an action for damages before the national court.

D.1.
Yes, the Strasbourg Convention on combating terrorism (1997) has been promulgated by an act of Parliament.

D.2.
The situation in Hungary has not made it necessary to pass special acts in this field, however, Hungary has joined international agreements concluded to combat terrorism. The Criminal Code regards terrorist acts as a special crime.

D.3.
If the court believes that certain provisions of regulations combating terrorism are irreconcilable with the legislation providing human rights, it might turn to the Constitutional Court to decide which legislation enjoys primacy.



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