The Hungarian Helsinki Commettee and the Company for the Rights of Freedom worry about the new legal system in Hungary, because the head of the National Judicial Office of Hungary can legally transfer specific cases to courts other than the ones that are assigned by law.
(Photo source: www.hir24.hu)
On February 17, president of the newly created National Judicial Office of Hungary transferred nine cases from the crowded Metropolitan Court of Budapest to various less-crowded courts in the countryside, this decision was based on the constitutional reform of Hungary.
The Article XXVIII. of the Contitution declares the right for the fair process, which involves the right for the legal and impartial court. The requirement of the impartiality can be summerized in the following sentence: it’s not enough to be fair, but must seem to be fair. This principle was formulated in 1970 in the Delcourt-case by the European Court of the Human Rights, and was emphasized by the Hungarian Constitutional Court in its decision 67/1995. (XII.7.) : the constitutional right for the impartial court is „ first of all an expectation against the judge, and the behavior of the judge, secondly an objective requirement: every kind of situation has to be avoided, which makes someone doubt about the impartiality of the court.
The essence of the right for the legal court is: which case is negotiated by which court is based on the law and not on an individual personal decision. Those proceedings confirm the citizens’ trust in the impartiality of the judgment, which exclude the human factor in making decisions about which case is negotiated in which court.
The reasons of getting the right for picking the judges for the president of the National Judicial Office were the slowness of the proceedings and the overloaded courts. Whether the right for finishing the process in reasonable time can make