As Hungary’s judiciary faces unprecedented pressure, a former judge is fighting to restore its autonomy and warn of the erosion of independence. The situation reflects a broader struggle for the rule of law in the country.
The Struggle for Judicial Independence in Hungary
A System Under Siege
The judiciary in Hungary has been facing unprecedented pressure, with judges and lawyers speaking out against the erosion of independence. Adrienn Laczo, a former judge who resigned from her post in protest, is now fighting to restore the institution’s autonomy.
The judiciary in Hungary is composed of several courts, including the Supreme Court, the Curia, and the Constitutional Court.
The Supreme Court is the highest court in the country, responsible for hearing appeals from lower courts.
The Curia is a specialized court that handles commercial and civil cases.
The Constitutional Court ensures that laws and government actions comply with Hungary's constitution.
Laczo’s decision to speak out was not taken lightly. After 24 years as a judge, she felt compelled to resign due to the government’s interference in the judiciary. ‘In Hungary, the independence of the judiciary has been abolished,’ she told DW. This statement reflects the sentiment of many judges who feel that their institution is under attack.
The Rise of Politicization
The situation in Hungary‘s judiciary is complex and multifaceted. Pressure on the courts has increased since 2012, when the government introduced compulsory retirement for judges. This move created uncertainty within the institution, with younger judges being rewarded for taking over vacated positions. Laczo believes that this has led to a lack of expertise and experience in key judicial roles.
The Curia, Hungary‘s Supreme Court, is particularly vulnerable to politicization. The president of the Curia was appointed without prior judicial experience, reflecting a clear political decision. This has resulted in rulings that prioritize government interests over the rule of law.
International Support for the Protesting Judges
Despite the challenges, there is growing international support for Hungary‘s protesting judges. The European Union has withheld funds from Hungary due to concerns about the judiciary’s independence. The International Association of Judges has also spoken out in solidarity with the Hungarian judges.
The European Union and other international organizations have expressed concerns over the independence of Hungary's judiciary.
In response, several countries have provided support to Hungarian judges through training programs and funding.
For example, the EU has allocated funds to promote judicial independence in Hungary, while the US State Department has offered training sessions for Hungarian judges on topics such as judicial ethics and transparency.
Additionally, organizations like the Venice Commission have provided guidance on judicial reform.
These efforts aim to strengthen the rule of law and ensure that Hungary's judiciary operates independently.
Laczo‘s views on the situation are stark: ‘With regard to the judiciary in Hungary, the rule of law no longer exists because the organizational independence of the judiciary has been abolished.’ She fears that without an independent judiciary, there is no protective mechanism for Hungarian citizens.
A Substitute for a Dream Job
For Laczo, working as a lawyer is not a substitute for her dream job – being a judge. ‘Being a judge was my dream job, and I would have loved to continue working as a judge right up to retirement. But it simply wasn’t possible any more,’ she said.
As the situation in Hungary‘s judiciary continues to unfold, Laczo‘s words serve as a reminder of the importance of protecting judicial independence. The future of the institution hangs in the balance, and the international community is watching with concern.
