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The Courts. Basic principels of the judiciary Organisation and administration of the judiciary Jurisdiction on fundamental rights. 1. Basic principels of the judiciary. 1.1 Independence of the judges European Convention on Human Rights Article 6. conditions of fair trial:
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The Courts Basic principels of the judiciary Organisation and administration of the judiciary Jurisdiction on fundamental rights
1. Basic principels of the judiciary 1.1 Independence of the judges European Convention on Human Rights Article 6. conditions of fair trial: „an independent and impartial tribunal established by law” Constitution Article 50. (3) „Judges are independent and are responsible only to the law.”
1.1.1 Independence of the judiciary Reform in 1991: administrative competences of the Minister of Justice (assure personal and financial conditions) DECISION 53/1991 AB: constitutional DECISION 17/1994 AB: ombudsman’s right to review > safeguard of independence DECISION 28/1995 AB: rearrangement of judicial budgetary estimates by the executive power > unconstitutional without restrictions DECISION 12/2001 AB: procedure concerning uniformity 2003: motion of budget > National Council of Justice
1.1.2 Personal independence DECISION 51/1992 AB: party membership of lay judges – principle of jurisdiction in council DECISION 38/1993 AB: Minister of Justice’s right to nomination and granting of title - constitutional requirement: compenzation of nominater belonging to an other power, contribution of courts or other balance DECISION 45/1994 AB: award of judges > contribution of judicial power; S.L., L.T., Z.J. unconstitutional Act of 1997 on legal status: new procedure of becoming judge > general system concerning a competition (except the first three years nomination); the lowest pay + every year Annual Budget DECISION 13/2002 AB: indpendence of the decision – Criminal Code medium-proportion > not unconstitutional
1.2 Other basic principels • Judicial way • Generality of the jurisdiction (judicial monopoly) • Equality before the law • Presumption of innocence • Fair trial • Right to appeal • Right to a public trial • Right to jurisdiction in council • Right to use of the mother tongue
2. Judiciary and administration Act LXVI of 1997 – reform • Court of four instance: local, county, appeals courts, Supreme Court • Act CX of 1999 appeals court in Budapest > DECISION 45/2001 AB: appeals courts > Act XXII of 2002 Budapest, Szeged, Pécs + Debrecen, Győr (01. 07. 2004) • Judicial self-administration succeeds external administration: dominance of the judges + President of the Supreme Court(?), General Prosecutor, President of Hungarian Chamber of Attornies, Minister of Justice, 2 MPs
3. Jurisdiction on fundamental rights Constitution Article 32/A. Constitutional Court: abstract norm-control Constitution Article 70/K. „Claims arising from infringement on fundamental rights, and objections to the decisions of public authorities regarding the fulfillment of duties may be brought before a court of law.”
3.1 Interpretation of the Constitution by ordinary judges Direct (Dávodi case) or indirect (Profi, Góman, Tiszavasvári) „Drittwirkung” Monopoly of the constitutional interpretation versus Norm-nature of Constitution (Article 77. (2))
3.2 Judicial norm-control? Norm-control versus monopoly of the annulment? Act on Constitutional Court Article 38.: compulsory judicial norm-control Possibilities of solution: • constitutional review of the resolutions concerning uniformity • real constitutional complaint
