An overview of the state of the rule of law in Hungary.

During the course of the year, Hungary sent the European Commission detailed analyses in order to facilitate work with the preparation of its 2020 rule of law report.

The analyses offer an objective and factual insight into the system of the judiciary, the fight against corruption, the state of media pluralism, constitutional checks and balances, and issues related to the special legal order.

The independence, organisation and administration of the Hungarian judiciary have been scrutinised by all relevant international forums. Commissioner Reding confirmed already in 2013 that “after many exchanges, Hungary has respected the legal views of the Commission and has brought its constitution back in line with EU law with regard to all the points raised by the Commission”. Later, further important powers were conferred upon the National Judicial Council which was recognised by the Venice Commission in March 2019 as a further positive development.

Hungary’s anti-corruption framework contains comprehensive rules regarding the filing of asset declarations and the reporting of financial interests, strictly regulates conflicts of interests, and guarantees the full independence of judges, the President of the National Office for the Judiciary and the chief prosecutor elected by Parliament. This framework is appropriate and is in harmony with European norms. It offers wider institutional guarantees compared with the constitutional provisions of a number of Member States where the prosecution service comes under the supervision of the justice ministry and executive power plays a dominant role both in judicial appointments and the administration of the judiciary.

Hungary developed the regulatory framework relating to the activities of the media in consultation with the Commission. Hungary is one of the few Member States where there is genuine pluralism in the media, in ideological debates and in public opinion.

In its rule of law report, the Commission effectively disregarded Hungary’s contributions. Therefore, the Ministry of Justice is publishing the above-mentioned analyses on its website so that those who are interested should have access to information regarding the true state of the rule of law in Hungary.

The analyses can be read in the attached documents.

(Ministry of Justice / MTI)