According to the Justice Minister, the separate administrative branch of the judiciary reinforces the protection of the law. László Trócsányi takes the view that the Venice Commission adopted a balanced report on the setting up of independent administrative courts which also appreciates the goals and efforts of the Hungarian government, the newspaper Magyar Nemzet reported.
In an interview published in the Monday edition of the newspaper, the Justice Minister said in addition to professional criticisms, the report adopted by the Commission with a full consensus also highlights the positive features of the contemplated system and recognises the efforts the Hungarian government is making in order for the Hungarian system of administrative courts to fully comply with the traditions of public law and general European standards.
He highlighted that in Hungary there were independent administrative courts between 1869 and 1949. The communist regime did away with administrative courts, and it is regrettable also for this reason that they can only be re-established thirty years after the change of regime. Administrative courts reinforce the protection of the law; this is why there is an organisationally separate system of administrative courts in a number of countries around Europe, he underlined.
He said the Commission acknowledged that the setting up of independent administrative courts does not go against international trends as in several countries administrative courts are separated from normal courts, the same as in Hungary.
The Minister pointed out that administrative courts are independent courts which adopt decisions on the administrative legal disputes brought before them. The Venice Commission recognised the legitimacy of ministerial management also in the case of Hungary. He added that in several countries in Europe the management of courts falls within the competence of the justice minister, naturally, subject to the existence of a set of adequate guarantees. Ministerial management means, he said, that the minister is responsible for ensuring the material conditions of the administration of justice, in particular, the budget of administrative courts, the draft of which is compiled by the ministry and is submitted to Parliament by the justice minister. Determining the number of judicial positions is an important task of the minister, and it is also the minister who recommends the appointment of new judges to the president of the republic.
Regarding the pay of judges, he said this is an issue they will have to address as a priority upon planning the 2020 budget. He said “I believe there is no obstacle to raising the pay of judges as of 1 January 2020”.
In the context of the European parliamentary (EP) elections, he said he was honoured by the request to lead Fidesz’s EP list, “and if after the May elections I am faced with the duty of representing my country on the European scene, I will not shy away from it. I will do my best, and will make every effort for the cooperation of the strong nations of a strong Europe”.