Mon, Apr
44 New Articles

The Hungarian Constitutional Court Rejected the Constitutional Complaint on the Administrative Court System

The Hungarian Constitutional Court Rejected the Constitutional Complaint on the Administrative Court System

  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

In February 2019, 55 Members of the Hungarian Parliament filed a constitutional complaint to the Constitutional Court, requesting the Court to examine the laws regarding the Administrative Court System whether it is in compliance with the Fundamental Law of Hungary.

In their request, the Members of the Parliament argued that the proposed law violates the base principles of the Fundamental Law, such as the separation of powers, the sufficient preparatory period and the independence of the judges. Their greatest complaint relating the new system was that it would be under ministerial control. The Constitutional Court issued its resolution on 20 June 2019, in which it rejects the constitutional complaint. 

The Court argues in the resolution that independence of the judges is not the same as the independence of the administrative framework, in which they operate. As long as the minister does not have the right to influence the concrete decision making of the judges in particular cases, it is in compliance with the Fundamental Law. The resolution also outlines that there are existing bodies within the administration, such as the National Committee of the Judges (comprising of the representatives of the judiciary) that has legal instruments, through which they can act as a counterweight in the system.

However, although the Constitutional Court had no objection against the law in question, in the meantime the Hungarian Parliament has postponed the introduction of the new court system for an indefinite period of time. 

By Rita Parkanyi, Partner, KCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

Firm's website.

Our Latest Issue