COMMUNICATION

to the public of the country and of the European Union

We, the plenary session of the Supreme Court of the Republic of Hungary, the president of the National Council of Justice, the presidents of the regional courts of appeal and the county courts express our disappointment and incomprehension and consider the decision of the governing parties by which they wish to modify the judges’ current retirement regime in force in the new Constitution irresponsible, unconsidered and professionally unfounded. That modification will exclude the possibility for a judge to administer justice until 70 years of age if his/her health and capacities allow that albeit the roots of that possibility go back to the Act IV of 1869 on judicial powers and the legal system of many European countries contains such a provision at present.

The amendment proposal, its legality and consequences were barely debated on political level and not at all on professional level. The proposal is incompatible with the European and domestic efforts to raise the retirement age and the international practice concerning the highest retirement age of judges. The proposal affecting solely the judges is discriminative and contrary to the core principles and rules on the independence, status and immobility of judges.

Pursuant the amendment proposal the retirement age will be reduced from 1st January 2012 and as a result the service 228 of judges – 121 of them in administrative and professional leading positions – will be terminated without transition. By 31st December of 2012 further 46 judges will end up their careers. Following that decision the indices concerning the respect of timeliness will significantly deteriorate (in approximately 40 000 cases a new judge should be assigned which can cause a delay of several years for ten thousands of clients) and the operation of courts will be seriously hindered as the replacement of the quitting judges will present extraordinary difficulties.

Besides the unforeseeable consequences, the spreading effect of the obligatory retirement without real reasons of the highly qualified judges with decades of experiences and practice mostly standing on the top of the appeal hierarchy will fundamentally undermine the operation capacity of the courts. Moreover, it is unfair and humiliating for all concerned who took an oath to serve the Republic of Hungary and justice and devoted their lives to serve as a judge.

It is also incomprehensible why the retirement age of judges is a question worth regulating in the Constitution. The only possible answer is that this legislation that is contrary to the principle of the democratic State governed by the rule of law cannot be challenged before the Constitutional Court.

That unjustified move foreshadows political intentions. This assumption is corroborated by the efforts to eliminate the self-management model of the courts, introduced among the first countries in Europe and the fact that the proposal of the Constitution does not provide constitutional protection to the Nation Council of Justice which decides on staff matters of courts by the majority of the judges. That happens despite of the fact that the Parliament with the same composition voted for the renewal of the self-management of the courts and the introduction of new mechanisms in December 2010. The current decision will create the possibility for political intervention and the elimination of the independence of judges.

It would be professionally and morally unacceptable if, as judges and administrative leaders, we did not take a stand in that situation for the autonomy and independence of the judicial system, distancing ourselves from any future political influence but using the only possible means acceptable to us, the power of the public in the country and the European Union.

We consider it absurd that we have to fight again for the basic values of democracy 21 years after the change of regime in a country holding the presidency of the European Union. We would never had believed that we have to stand for the protection of the values of the State governed by the rule of law and democracy against persons of whom quite a few participated in the elimination of the dictatorship and the creation of the structure of the democratic State.

Budapest, 14th April 2011

Dr. András Baka
President of the Supreme Court and the National Council of Justice of Hungary

Dr. Zsuzsanna Lukács
President of the Regional Court of Appeal of Budapest

dr. Judit Kerékgyártó Mrs. Dr. Szabó
President of the Regional Court of Appeal of Debrecen

dr. Mária Orbán Mrs. Dr. Havasi
President of the Regional Court of Appeal of Győr

Dr. Tamás Lábady
President of the Regional Court of Appeal of Pécs

Dr. Gábor Heidrich
President of the Regional Court of Appeal of Szeged

Dr. Béla Wirth
President of the Court of Baranya County

Dr. Péter Sisák
President of Court of Borsod-Abaúj-Zemplén County

Dr. Klára Czene
President of the Court of Csongrád County

Dr. Gyula Soós
President of the Court of Fejér County

Dr. József Takács
President of the Court of Győr-Moson-Sopron County

Dr. Klára Varga
President of the Court of Hajdú-Bihar County

Dr. Ágnes Hunyadi-Buzás
President of the Court of Heves County

Dr. Illés Nánási
President of the Court of Jász-Nagykun-Szolnok County

Dr. Mrs. András Richárd Kántor
President of the Court of Komárom-Estergom County

Dr. Zsolt Halász
President of the Court of Nógrád County

Dr. Csaba Ujkéry
President of the Court of Somogy County

Dr. Gábor Gyulai
President of the Court of Szabolcs-Szatmár-Bereg County

Dr. Miklós Soós
President of the Court of Tolna County

Dr. János Meződi
President of the Court of Veszprém County

Dr. Károly Magyar
President of the Court of Zala County