Hungary was settled in the late 9th century by the Magyars, who created a federation called the On-Ongur, the origin of the name Hungarian. After travel to the Holy Roman Empire in the late 10th century, the Magyars converted to Christianity and their first king, Stephen, formed the political entity that became Hungary. The next 500 years were marked by incursions from competing European powers, the Mongol Tartars, and Ottoman armies. A succession of monarchs fostered the development of a feudal economy with investments in architecture, the arts, scholarship, and government administration. In 1526, the Ottomans re-occupied Hungary and divided the country, with one-third coming under Hapsburg rule. The Austro-Hungarian Empire was created in 1867; it had royal seats in Vienna and Pest-Buda but a single monarch, Franz Joseph, who ruled for almost 70 years. At its height, the Empire spanned across Central Europe including territory that is now part of the Balkans, the Czech Republic, Slovakia, Italy, Poland, Romania, and Ukraine.
After the assassination of Archduke Ferdinand, presumptive heir to the Austro-Hungarian throne, World War I broke out. Hungary joined the Central Powers, a fateful alliance that led to the Empire’s dissolution and Hungary’s territory being reduced by two-thirds. The interwar years saw a series of provisional governments and a short-lived Soviet republic. At the outbreak of World War II, Hungary aligned itself with Nazi Germany and Italy. When Germany invaded in 1944, over half a million Hungarian Jews were sent to concentration camps. Hungary fell under Soviet control the following year and its people were subject to great repression, including deportations to Soviet labor camps. After the war, the Soviet Union installed a communist regime that nationalized banks and industry. A growing dissent movement took hold, leading to the unsuccessful student-led Hungarian Revolution in 1956. Although the communist government was initially more repressive, over time, it allowed incremental economic reforms and greater openness. Anticipating the dissolution of the Soviet Union, Hungary held national elections in 1990 and elected a new Parliament. Hungary joined NATO in 1999 and the European Union in 2004.
Legal System
Hungary is a unitary parliamentary republic with a civil law system. Its sources of law include the constitution, acts of parliament, published governmental and ministerial decrees, and the decrees of local governments. The 2012 Constitution, also called the Fundamental Law of Hungary, marked a full break from the Soviet era. It was amended in 2013 to include significant reforms to the judicial system.
Judicial System
The Curia
The Curia, also known as the Supreme Court of Hungary, is the highest judicial authority in the country. The Curia hears cases challenging actions by local governments in addition to appeals from the decisions of lower courts. Its decisions are binding on the lower courts. The Curia has three divisions: civil, criminal, and administrative/labor. Each division has chambers that hear specific types of cases, including appeals and uniformity decisions (those that provide binding guidance on the lower courts to facilitate uniform application of Hungarian laws). Curia divisions also have working groups tasked with studying different matters related to judicial practice. The president and general vice president of the Curia are appointed to nine-year terms by a two-thirds majority of parliament.
Curia Chief Justice: Appointment Criteria
In 2020, Andras Zsolt Varga was appointed president of the Curia. Just before his nomination, the government changed the criteria for appointment to the court, eliminating the requirement that Curia members have experience presiding over trials. Varga had been a deputy chief prosecutor, law professor, and member of the Constitutional Court, but he had no adjudication experience. Despite the change to the eligibility criteria, the National Judicial Council found Varga unqualified for the position. The Council’s finding was rejected by the National Assembly and Varga became Curia President.
District Courts
The District Courts are the courts of first instance. Most cases are heard by a single judge. A narrow category of cases may be heard by a judge and two lay assessors.
Regional Courts
Regional Courts review appeals from the district court in panels of three. They also sit as courts of first instance in statutorily designated cases with cases heard by a single judge. Hungary’s administrative and labor courts were abolished in 2020 and jurisdiction over these cases was transferred to the regional courts.
Regional Courts of Appeal
Five regional courts of appeal hear appeals from district and regional courts. Cases are heard by panels of three judges.
The Constitutional Court
The Constitutional Court of Hungary is independent of the judicial system. It reviews cases challenging the constitutionality of acts of parliament and its decisions are not subject to appeal. The Court hears cases in three- or five-judge panels. The Court’s fifteen justices are elected by a two-thirds majority of Parliament for twelve-year terms that may be renewed once. Justices must have “outstanding legal knowledge” or at least twenty years of legal practice and be between the ages of 45 and 70.
The 2013 amendments to Hungary’s constitution significantly impacted the Constitutional Court’s jurisdiction and jurisprudence. The Court no longer has authority to review the constitutionality of amendments to the constitution and may not annul any law passed by a two-thirds majority of parliament. New standing and exhaustion requirements for filing constitutional challenges also were introduced and many of the Court’s precedents were nullified.
Introduction of “Limited Precedent”
Prior to April 2020, the Curia issued resolutions to encourage uniformity in legal decision-making, but not all of these resolutions and decisions were binding on all lower courts. In April 2020, a system of limited precedent was introduced. Under the new system, lower courts are bound by all published decisions of the Curia. Lower court rulings that deviate from the Curia’s legal interpretations must clearly set forth their reasoning and explain the basis of the departure from the Curia precedent.
Hungary does not currently have a comprehensive and fully searchable database of all Curia judgements. As a result, judges may inadvertently deviate from prior Curia judgments. To address this challenge, parliament created a new mechanism, the “Unity Complaint.” This procedure provides an additional right of appeal if: (1) the Curia rejects an application for appellate review despite a lower court’s deviation from a prior Curia judgment, (2) the Curia upholds the lower court’s deviation from a prior Curia ruling, or (3) the Judicial Council of the Curia (its governing body) deviates from the legal reasoning in one of its prior decisions.
Judicial Administration
In 2012, the oversight of certain administrative responsibilities, including judicial selection and re-assignment, was transferred from the National Judicial Council (Council) to the National Office of the Judiciary (NOJ). The NOJ has responsibility for the central administration of the judiciary. The President of the NOJ, appointed by Parliament, is the chief operating officer of the Hungarian courts and reports all activities to the Council. The President oversees court operations, appoints court executives, and may propose legislation related to court administration. The NOJ President also reviews all proposed judicial appointments.
The Council retained some supervisory functions, including the review and approval of procedural rules and court budgets. The Council’s fifteen members are judges elected by their peers for non-renewable six-year terms. The President of the Curia is a standing member.
The Curia
he Curia, also known as the Supreme Court of Hungary, is the highest judicial authority in the country. The Curia hears cases challenging actions by local governments in addition to appeals from the decisions of lower courts. Its decisions are binding on the lower courts. The Curia has three divisions: civil, criminal, and administrative/labor. Each division has chambers that hear specific types of cases, including appeals and uniformity decisions (those that provide binding guidance on the lower courts to facilitate uniform application of Hungarian laws). Curia divisions also have working groups tasked with studying different matters related to judicial practice. The president and general vice president of the Curia are appointed to nine-year terms by a two-thirds majority of parliament.
Curia Chief Justice: Appointment Criteria
In 2020, Andras Zsolt Varga was appointed president of the Curia. Just before his nomination, the government changed the criteria for appointment to the court, eliminating the requirement that Curia members have experience presiding over trials. Varga had been a deputy chief prosecutor, law professor, and member of the Constitutional Court, but he had no adjudication experience. Despite the change to the eligibility criteria, the National Judicial Council found Varga unqualified for the position. The Council’s finding was rejected by the National Assembly and Varga became Curia President.
District Courts
The District Courts are the courts of first instance. Most cases are heard by a single judge. A narrow category of cases may be heard by a judge and two lay assessors.
Regional Courts
Regional Courts review appeals from the district court in panels of three. They also sit as courts of first instance in statutorily designated cases with cases heard by a single judge. Hungary’s administrative and labor courts were abolished in 2020 and jurisdiction over these cases was transferred to the regional courts.
Regional Courts of Appeal
Five regional courts of appeal hear appeals from district and regional courts. Cases are heard by panels of three judges.
The Constitutional Court
The Constitutional Court of Hungary is independent of the judicial system. It reviews cases challenging the constitutionality of acts of parliament and its decisions are not subject to appeal. The Court hears cases in three- or five-judge panels. The Court’s fifteen justices are elected by a two-thirds majority of Parliament for twelve-year terms that may be renewed once. Justices must have “outstanding legal knowledge” or at least twenty years of legal practice and be between the ages of 45 and 70.
The 2013 amendments to Hungary’s constitution significantly impacted the Constitutional Court’s jurisdiction and jurisprudence. The Court no longer has authority to review the constitutionality of amendments to the constitution and may not annul any law passed by a two-thirds majority of parliament. New standing and exhaustion requirements for filing constitutional challenges also were introduced and many of the Court’s precedents were nullified.
Introduction of “Limited Precedent”
Prior to April 2020, the Curia issued resolutions to encourage uniformity in legal decision-making, but not all of these resolutions and decisions were binding on all lower courts. In April 2020, a system of limited precedent was introduced. Under the new system, lower courts are bound by all published decisions of the Curia. Lower court rulings that deviate from the Curia’s legal interpretations must clearly set forth their reasoning and explain the basis of the departure from the Curia precedent.
Hungary does not currently have a comprehensive and fully searchable database of all Curia judgements. As a result, judges may inadvertently deviate from prior Curia judgments. To address this challenge, parliament created a new mechanism, the “Unity Complaint.” This procedure provides an additional right of appeal if: (1) the Curia rejects an application for appellate review despite a lower court’s deviation from a prior Curia judgment, (2) the Curia upholds the lower court’s deviation from a prior Curia ruling, or (3) the Judicial Council of the Curia (its governing body) deviates from the legal reasoning in one of its prior decisions.
Judicial Administration
In 2012, the oversight of certain administrative responsibilities, including judicial selection and re-assignment, was transferred from the National Judicial Council (Council) to the National Office of the Judiciary (NOJ). The NOJ has responsibility for the central administration of the judiciary. The President of the NOJ, appointed by Parliament, is the chief operating officer of the Hungarian courts and reports all activities to the Council. The President oversees court operations, appoints court executives, and may propose legislation related to court administration. The NOJ President also reviews all proposed judicial appointments.
The Council retained some supervisory functions, including the review and approval of procedural rules and court budgets. The Council’s fifteen members are judges elected by their peers for non-renewable six-year terms. The President of the Curia is a standing member.
Judicial Selection
Attorneys interested in becoming a judge apply for a position with the president of the court on which they wish to serve. They must be at least 30 years old and have one year of legal experience.
Candidates are interviewed and ranked; a final ranking is forwarded to the court president and then to the president of the NOJ for review. If the President of the NOJ wishes to recommend a judge not included in a court’s final ranking, the candidate’s application is sent to the National Council of Justice for further review. Applicants for appointment to the Curia are reviewed by the Curia president and preferred candidates are sent to the President of the NOJ for final approval (or rejection). Candidates approved by the NOJ are forwarded to the President of Hungary for final review and appointment.
In 2011, the mandatory retirement age for judges was lowered to 62 (from 70). However, this reform was appealed to the Constitutional Court and the European Court of Justice. The judicial retirement age was increased to 65 years of age, in line with Hungary’s general retirement age.
Lay Assessors
Hungary’s judicial system uses lay assessors (sometimes referred to as a ‘lay judge’) in a narrow category of cases including military cases, labor disputes, and criminal cases involving a minor. Hungarian citizens who are at least thirty years-old may serve as a lay assessor. They sit on a panel with one professional judge. At least one lay assessor on the panel must have specialized knowledge relevant to the case. For example, in juvenile criminal cases, one assessor must have a background in education.
Lay assessors are elected to four-year terms by county government councils and are assigned to judicial chambers by the president of each court. The NOJ, which is responsible for judicial administration and court management, determines which courts require lay assessors and the number of assessors per court. The election of lay assessors takes place throughout the year on designated dates.
Once elected, a lay assessor is assigned to a judge’s chambers by the president of the court. Lay assessors have the same responsibility as professional judges and review questions of law and fact. The Hungarian Code of Judicial Conduct applies to both judges and lay assessors. For example, assessors are not permitted to join or maintain membership in a political party while serving.
Lay Assessors
Hungary’s judicial system uses lay assessors (sometimes referred to as a ‘lay judge’) in a narrow category of cases including military cases, labor disputes, and criminal cases involving a minor. Hungarian citizens who are at least thirty years-old may serve as a lay assessor. They sit on a panel with one professional judge. At least one lay assessor on the panel must have specialized knowledge relevant to the case. For example, in juvenile criminal cases, one assessor must have a background in education.
Lay assessors are elected to four-year terms by county government councils and are assigned to judicial chambers by the president of each court. The NOJ, which is responsible for judicial administration and court management, determines which courts require lay assessors and the number of assessors per court. The election of lay assessors takes place throughout the year on designated dates.
Once elected, a lay assessor is assigned to a judge’s chambers by the president of the court. Lay assessors have the same responsibility as professional judges and review questions of law and fact. The Hungarian Code of Judicial Conduct applies to both judges and lay assessors. For example, assessors are not permitted to join or maintain membership in a political party while serving.