Recently, the adoption of the new Hungarian Constitution and subsequent legislative changes concerning the organization of the judiciary triggered a critical international echo. In particular, the accordance of the new rules for judicial organization with the fundamental European principle of rule of law was questioned. Given this background the present study assesses how the common European values enshrined in the Treaties could be translated into minimum standards to which EU Member States from Central and Eastern Europe are bound during their ongoing judicial reforms. The study discusses the possibilities of identifying common minimum standards for judicial organization by refining the liberal-democratic normative framework for judicial organization for new EU Member States and applying it to the context of Hungary. Within the analysis special attention is paid to measures affecting case management.
| Original language | English |
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| Place of Publication | Athens, Greece |
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| Number of pages | 98 |
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| Edition | Academy of European Public Law Series 2310-645X |
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| Publication status | Published - 2013 |
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| Series | Academy of European Public Law Series |
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| Volume | 2310-645X |
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Connection to Subprogramme III (Rethinking the judicial guarantee of the rule of law in a globalising and (de)juridifying legal context): relying on judicial reforms concerning case management in Hungary as a case study, the paper discusses enhancing the guarantee of the rule of law by and independent and impartial judiciary. Namely, the possibility of reducing interference contrary to the rule of law by the other two branches of the government is assessed by for example strengthening the role of codes of conducts. Further, the delimitation of the roles of different actors (European and national) in setting standards for judicial organization is discussed.
- SAI 2010-01 RRL
- SAI 2010-01-III RRL sub 3