Fundamental Principles of the European Union and Judicial Reforms In New Member States: Assessing judicial reforms in Hungary

PM Gyongyi

Research output: Contribution to conferencePaperAcademic

Abstract

Recently, the adoption of a 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 paper assesses how could the common European values enshrined in the Treaties be translated into minimum standards to which EU member states from Central and Eastern Europe are bound during their ongoing judicial reforms? This paper will discuss 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. 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 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.
Original languageEnglish
Publication statusPublished - 3 Sep 2012
EventSummer Academy of the European Public Law Organization - Sounio, Greece
Duration: 3 Sep 201221 Sep 2012

Conference

ConferenceSummer Academy of the European Public Law Organization
CitySounio, Greece
Period3/09/1221/09/12

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