Based on the proposal of the Ministry of Justice, Parliament has passed the law on civil proceedings, the law on criminal proceedings, the law on public administration proceedings and the law on general public administration procedures during this governmental cycle.
Based on the proposal of the Ministry of Justice, Parliament has passed the law on civil proceedings, the law on criminal proceedings, the law on public administration proceedings and the law on general public administration procedures during this governmental cycle. With the passage of a separate law on public administration proceedings, Parliament declared that if public administration proceedings significantly depart from lawsuits under private law, this manifests itself in the different positions of the parties – subordination and superordination – as well as in the specific requirements defined in respect of the judicial bodies that assess the cases. In most European countries public administration courts are separated from ordinary courts (Germany, Austria, France, the Czech Republic, etc.), and upon the selection of judges the knowledge of public administration law is an essential requirement. The Ministry of Justice finds it important that, in the case of positions for public administration judges, applicants from courts and public administration should have equal opportunities upon applying for jobs, and professional criteria enjoy primary relevance upon the assessment of applications. The Decree of the Ministry of Public Administration currently in force is based on a score system in which the public administration skills and knowledge of applicants from the realm of public administration are not sufficiently recognised, and there are further criteria which they are unable to meet (e.g. attendance of the training course of the National Office for the Judiciary, fulfilment of instructor responsibilities, etc.). There is a professional consultation between the Ministry of Justice and the National Office for the Judiciary with respect to the amendment of the Decree in question.
As part of the consultation, the National Office for the Judiciary, too, found it important that „in the context of the assessment of cases in public administration proceedings, it is important that the time spent in public administration should also be taken into consideration with sufficient weight in the score system”. The National Office for the Judiciary recognises the need for „enabling experts continuously working in the field of public administration law and consistently upgrading their skills to apply for jobs both from within the judiciary organisation and from outside with equal recognition of their professional experience”.
The Ministry of Justice refutes in the strongest possible terms the report published on the Internet portal 444 which is based on mere guesses and assumptions and is completely lacking in professional foundations and factual knowledge of any kind, and finds any comparison with the changes implemented in Poland as the worst example of a lack of professionalism. Accusing those working in public administration of political bias is insulting and unacceptable. The preparation of the Decree of the Ministry of Justice – with the involvement of the National Office for the Judiciary – is ongoing, and any political attacks concerning the content of the Decree hinder the professional work. The Ministry of Justice as the competent ministry is proceeding with the utmost care and responsibility during the course of the codification process.
László Trócsányi, Minister of Justice
Mariann Vízkelety, Minister of State for Justice Relations