On Tuesday in Budapest, in addition to a number of other issues, the Justice Minister spoke about the reasons for the highly successful fight against the coronavirus epidemic in Hungary.
At an annual hearing before Parliament’s Justice Committee, Judit Varga said the government had a highly robust and firm means at its disposal which enabled it to swiftly intervene in the interest of protecting the lives and health of members of the public and alleviating the losses sustained by the economy.
Regarding the introduction of the special legal order during the state of danger, the Justice Minister stressed that the law had provided scope for manoeuvre for the government, while it had also passed the constitutional test of necessity, proportionality and purpose.
In her report, Ms. Varga further highlighted that the Ministry’s purpose is to ensure the enforcement of the rights of victims to the fullest possible extent. She recalled that she had declared 2020 a year of victim support.
According to the Minister, the information campaign which they are currently conducting is very important so that people learn that if they find themselves in trouble they know where to turn for help. She said there is a round-the-clock toll-free victim support line where personalised assistance is offered, while there are four victim support centres throughout the country. She also drew attention to the central information website vansegitseg.hu.
Ms. Varga said she would like to have a victim support centre at every county seat and to form these centres into a national network. She also highlighted that the state on its own is unable to perform all responsibilities, and civil-society organisations are working together with the authorities “in a mutually beneficial symbiosis”.
Regarding the legal aspect of victim support, she pointed out that the bill that would rule out conditional release in the case of premeditated murder and serious cases of domestic violence currently lies before Parliament. She indicated that they continue to work on reinforcing the protection of families by improving legislation and the application of the law.
The Minister also mentioned that compensation lawsuits instituted due to overcrowding in prisons had led to “an abuse of process” and – in her words – this must be brought to a conclusion; the Interior Minister will have to address the problem of overcrowding in prisons by 30 September.
She said the rule which allows victims to claim compensation also in already closed cases is intended to better serve the rights of victims. She said this is a swift, temporary solution; however, in October they will submit a more complex bill regarding compensation for victims.
Ms. Varga said digital freedom is an important cause where freedom of opinion is guaranteed, members of the public are able to make informed consumer decisions online, and in the event of any legal injury, they are able to seek justice via a system of remedies afforded by a legal system that exists in the real world, rather than via “a pseudo legal system” created by tech giants.
It is not that the government would want to censor anyone; however, the government would like to see the criteria and transparency requirements based on which one tech giant or another censors the Hungarian government’s opinions, she explained.
The Minister also spoke about the pay rise of judges and prosecutors. She recalled that Parliament had raised the pay of judges and prosecutors to the same level last December. According to the draft budget, next year there will be a 12 per cent pay rise, to be followed by a 13 per cent rise in 2022 which is an important step towards judicial independence and the enhancement of the legal profession’s prestige.
She said Parliament could codify the “finetuning” of the rules of civil proceedings during its autumn session, provided that all lines of profession approve the concept that is now complete. Ms. Varga highlighted that raising the standard of the training of legal professionals is an issue that is “close to her heart,” and would like to do more to achieve this goal. She said they are offering 80 state scholarship grants at every law faculty.
László Sebián-Petrovszki (DK) recalled that according to the Court of Justice of the European Union, the Hungarian legislation on the funding of non-governmental organisations from abroad is contrary to EU law.
Ms. Varga drew attention to the fact that the Court of Justice of the European Union itself concluded that the transparency of non-governmental organisations is a legitimate objective, meaning that there is a dispute between the EU and Hungary not regarding the purpose of the legislation, but in connection with the means applied.
She indicated that they would like to find the means which best serve the interests of Hungarian society and public life because the government is committed to the transparency of civil-society organisations.
László Varga (MSZP) mentioned that the statutory regulation of scaremongering “is not conducive” to freedom of opinion in online media, and could lead to a kind of self-censorship. In this regard, Ms. Varga drew attention to the fact that scaremongering can only be committed intentionally, by knowingly making an untrue claim, and with the end of the state of danger, the commission of such a crime is “out of the question as a matter of course”.
In answer to the questions of Zoltán Kovács (Fidesz) and Károly Becsó (Fidesz) about victim support, the Justice Minister said she would present to the government the Dutch model where if someone becomes a victim, they are immediately contacted by the victim support system. She indicated that with this they would be able to reach victims even more easily.
At the meeting, Mr Kovács rejected Mr Sebián-Petrovszki’s claim that the state apparatus prepares the independent motions of Members of Parliament.
In response to Csaba Gyüre’s (Jobbik) suggestion that the pay rise of judges and prosecutors should be turned into “an automated mechanism” in the budget, Ms. Varga said the government discussed this and did not support the idea due to the economic risks involved. However, the fact that the government is committed to long-term pay rises over a period of three years clearly shows the seriousness of its intentions.
The Minister agreed with independent MP Andrea Varga-Damm’s suggestion that providing a pay rise for court and prosecution service workers is just as important as providing a pay rise for judges and prosecutors.