The Retirement Of Judges In Hungary

  • 17 Jul 2012 9:00 AM
The Retirement Of Judges In Hungary
As a general tendency in Europe, social solidarity necessitates the transformation of the pension system and thus the altering of the retirement age. The new measures on the retirement of judges reflect the French scheme, but in contrast to France, Hungary has been exposed to much criticism in this regard.

These measures do not modify the fundamental rules of the judicial system. They are part of a comprehensive re-regulation of old-age pensions.

The government will not give up the current rules of retirement for judges, Prime Minister Viktor Orbán said on Monday, after the Constitutional Court declared parts of the relevant law unconstitutional and threw out the legislation.

The government will submit a proposal to "harmonise" the constitution, the law on courts and the Pension Act before the end of the week, Orbán told a press conference following talks with Christian Democrat leaders.

"The system is to stay," the Prime Minister said at the press conference.

The government is likely to put on the table a proposal of the justice minister to amend inconsistencies of the law at its Wednesday session, State Secretary for Justice Róbert Répássy said at a different press conference.

Earlier in the day, the country's highest court axed provisions of the law that adjust the retirement age of judges to the general retirement age of 62. The relevant parts of the law were annulled with retroactive effect to January 1 this year, the Court said in a statement.

The Court said that both the form and content of the law violated the constitutional requirement that judges be independent.

The law, subject to infringement proceedings launched by the European Commission, reduces the retirement age of judges, prosecutors and notaries from 70 to the general retirement age of 62 years, which in effect has forced the departure of a large number of judges.

The Court found fault with the law on formal grounds, reasoning that the age limit had not been defined in a cardinal law, while in terms of its content, it objected to the provision that allowed the removal of the affected judges within a short period of time.

A minority report was attached to the verdict by 7 of the Constitutional Court's 15 judges, setting out a separate opinion.

Source: Prime Minister’s Office - kormany.hu

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