Péter Bárándy was the Hungarian Justice Minister, from 27 May 2002 until 4 October 2004. During his time in politics he was nominated for the position of President of Hungary, due to his general popularity, but he did not pursue that option.

While maintaining his legal practice, and serving on numerous prestigious committees, he is also a teacher at Pázmány Péter Budapest Catholic University, and has been an honorary teacher at ELTE from 1990 until present. He speaks English, has two children, and is divorced.

During this in-depth interview, which runs the gamut of legal topics plus personal subjects, Péter Bárándy proved to be extremely sharp of mind, self-assured while being kind and thoughtful in nature. Not one to waste time, his incisive and valuable insights about the judicial system in Hungary makes this interview most fascinating.

He fits the description of a true gentleman, is well travelled; cultured; and grounded. Péter has an endearing affection and loyalty for the cosy 'Alföldi Vendéglő', along with its’ exceptional fish soup, the location of the following conversation with XpatLoop.com.


Where did you grow up?

In the city centre of Budapest. Eötvös József Grammar School was not more than 300 meters away from my house, but I did not like attending, and as a result I was a rather bad pupil. Incidentally, this is a characteristic of my family as neither my father, nor my son had good results during their grammar school years.

After my GCSE I qualified as a medical technician, a training I’ve never regretted because I had the opportunity to see the lifestyle of a qualified worker. Between 1969 and 1974 I studied law at ELTE University, thankfully with excellent results.

What Hungarian traditions bring back fond memories of your childhood?

If I think about particular holidays, Christmas stands-out as people merrily participate. The flavors and the lights are fascinating; ideal for children.

Another recurring event in my childhood was the summer holidays at Lake Balaton. I wouldn’t include it among my favorite places, but its permanence, and the fact that in those days there was no other possibility for longer family journeys, makes the ‘Hungarian Sea’ one of the most defining places of my childhood.

What would you miss most if you moved away from Hungary?

Difficult question. Maybe I would miss the kind of fellowship that is only possible in one’s native land, and accidental encounters with ex-lovers or friends. There are other places in the world that are close to my heart, but Hungary is the only place on this globe that I really feel responsible for.
 

Friends are in Budapest for a weekend, what must they absolutely see and do?

I would show my guests places I like to visit. About 7 years ago, there was a German Ambassador visiting us, and during one of our conversations she said in her opinion Hungarians are like sad Italians. I would show Restaurant Fausto to the lovers of Italian cooking.

A local specialty is Bock Bisztró, where the bistro atmosphere and fusion cuisine are well united under the hands of Bíró Lajos, who creates menus that are often astounding. Remíz Coffeehouse is also remarkable, as it preserves something from the old civic existence in Buda.

Favorite authors, music?

For me the most defining book of the last year was The History of a German – My Memories (1914 – 1933) by historian Sebastian Haffner. It presents a significant era in the history of Germany coming from a trustworthy source, and from the eyewitness’s point of view. The story of the manuscript is also interesting, as Haffner wrote the book in 1939, but it was only published in 2000, as only that year was his work discovered.

Among Hungarian contemporary writers, some books by Eszterházy Péter, Spíró György or Konrád György are important for me, and maybe Örkény István, whose humor and sincerity I consider exemplary.
Although I love music, I’m not a connoisseur. Jazz, rock or classical music – I love them all; I suppose I rather like the spiritual experience offered by music, and not a special style.

What can’t you resist?

A good sports car, an excellent hunting opportunity, or a request from a person I’m fond of.

What career other than yours would you love to pursue?

To be a medical surgeon seems to be, in its nature, very similar to a lawyer’s profession - although it uses completely different techniques, of course.

What’s a job you would definitely never want?

I would not wish to have a job that implies sometimes I am required to deprive someone of something, like being a public transport ticket controller for example, or an executioner.

Which social issue do you feel most strongly about?

These days I’m not interested in political problems in general, and I am convinced that someone must only deal with issues they feel really very close to, or ones they can influence with a long term solution. Everything else is hypocrisy. For example, when homeless people are offered a hot meal at Christmas, the problem is only temporarily solved.

During my journeys to Africa, I had the opportunity to see some of the misery there, where some local inhabitants are sometimes not regarded as human beings by others. That continent is treated in a dreadful way. However, personally I can achieve more on behalf of people who are in a vulnerability situation here in Hungary, like convicts who suffer because of the conditions in certain prisons.

You are one of Hungary’s most successful lawyers, what is the secret of your success?

Many consider family tradition to be one of the reasons, but I do not believe it is so as it brought many disadvantages. The fact that I chose to be a lawyer mirrors my father’s career of course, as he was successful when I started my career in the socialist regime. In those days, there were cases when a minister decided who and where people would become a trainee lawyer.

When my first turn came to be considered as a candidate to become a lawyer, the minister’s opinion was, “We are not going to create a family dynasty; the boy cannot become a lawyer”. Finally, I was taken up and I had the chance to work on cases that brought me prestige. It is hard to say what exactly brings about a good reputation.

Among the ‘star lawyers’ in Hungary there are some who are exceptionally competent, but others are extremely ungifted. Simultaneously, several publically unknown lawyers are real experts in their field, and are known only to the profession. Mainly defense counsels gain fame as usually criminal cases attract the most publicity.

What difference does a client’s choice of lawyer make on the outcome of a case?

The selection of lawyer can have a noticeable influence on the outcome, since the importance of prestige is tangible in this vocation. A lawyer with higher status receives more attention, for example. In every profession there are few who are more talented than the majority.

What career achievements would you choose to highlight?

One of the most outstanding points was my period as Justice Minister. I also hold in high esteem my long-lasting position as Secretary General at the Bar in Budapest. This being an elected position, I hope it illustrates how much fellow lawyers value my work.

Some successful cases are precious to me as well, and I can proudly say that they have become important milestones of present day legislation. I can quote as examples certain laws taken around the time of the most recent change of regime in Hungary, referring to the freedom of speech, and to the borders of lawful defense, and the fact that in 1989 I actively participated in the penal section of the legislative department of the tripartite round-table talks.

Would you like to share a few more words about following your father’s career?

My father’s influence is not direct, but crucial, as after all I chose the same profession. This had positive and negative impacts at the same time. It was difficult, because if something succeeded, many said, “his father helped him”, but if something failed, people believed “the son is not as talented as the father”. Due to this heightened pressure, I always made sure I was well prepared.

Do you ever work on cases together with your father?

No not really, as we have completely different styles, although we do not vary in practical questions.

Your son is a trained lawyer as well, but he has entered politics; please share a few words...

Yes, true. My son is lawyer and I am very proud of him, as I have only heard words of praise about his work. He teaches at the university and writes books, but even though I did not consented to it, he entered politics and is now a member of parliament. He is very conscientious, so even if I am not satisfied with the nature of his work I am with its quality.

Do you represent foreigners in Hungary?

It is not characteristic for the penal cases I deal with, there were some occasions though. Defending a foreign citizen raises special questions, as he or she is not only a foreign citizen, but in most cases he also comes from another culture.

An example for such a situation was the case of some citizens of Vietnamese origin living in Hungary who were arrested on suspicion of international people smuggling as part of an unlawful conspiracy. This was a clear conflict of cultural opinions, as the Vietnamese living here only wanted to help others start a new life abroad, but they committed a criminal offence by doing so.

Would you say that there is any discrimination against foreigners in judicial matters in Hungary

There is no discrimination in the courts but, unfortunately, at the police stations, or at institutions dealing with immigration cases such a thing is palpable. Regarding foreigners, the most frequent issues I come into contact with are those connected with immigration, and it easily happens that a merely administrative case becomes a criminal one.

What is your advice for a foreigner who is falsely accused of committing a crime in Hungary?

The first and most important step is to look for a good lawyer. Some embassies offer substantial help in this field, and at least offer a list of locally qualified lawyers.

What do you recommend in a situation where a Hungarian Court handles down a dubious verdict?

In case of a dubious verdict, it is definitely worth appealing, as Hungary is a constitutional state. Different judges may decide differently about the same case. Although it is said that “there is honor among thieves”, this is usually not so with judges. Indeed, often the verdicts of the second and of the first round courts differ so much that this is detrimental from a legal point of view, resulting in unclearly delineated governing principles.

Outside the judicial process, how can someone protest against a dubious verdict?

People can address the Court in Strasbourg if the Hungarian state brings a verdict against the interest of an individual and if this decision is contrary to the 1958 Treaty of Rome. The International Court in The Hague does not usually deal with individuals’ cases. People can address the authorities in Brussels, and legal redress exists even within the Hungarian legal system.

Whom should foreign citizens address if they want to make a legal complaint?

Generally, the Ombudsman can deal with all sorts of complaints that may arise, but it is worth knowing that this organization in most cases cannot interfere in the affairs of jurisdiction. Nevertheless, the Ombudsman can often start certain inquiries and write reports, thus helping the protection of the citizens’ rights. A characteristic example for this may be that in recent years the circumstances of convicts in certain prisons have been examined intensively, several times.

What do you think about the suggestion for an Ombudsman in the field of children’s rights

Although there is no Ombudsman who deals with children-related issues and their rights alone, the Parliamentary Commissioners Office is not prevented from any form of action if some irregularities are noticed or complaints received.

I believe it is a false solution to create further Ombudsmen for each problem as the existing four functions are enough. Besides, it is more effective and more important to take prompt action against the issues that emerge. I do not want to say that there are not severe problems regarding children in Hungary vis-à-vis the enrollment to schools, adoptions or the situation of impaired children, but the solution in my opinion is not creating another Parliamentary Commissioner’s Office.

What is your experience with the family law system in Hungary?

I used to work on family law cases, but I have not undertaken any such case for about 15 years now.

Do judges automatically take the side of the mother in Hungary?

Both of the parents create a different kind of relationship with their children. The love of the mothers is more abstract as they can form a strong bond even to the embryo, whereas fathers knowingly start loving their children.

In family law cases, the judges usually give the mothers the custody of the children but this does not have to become a rule, as there will always be negligent mothers and warm-hearted, caring fathers.

The child needs the love of both of the parents, but I believe that the structure of the family, if not in a crisis, is definitely changing, as it has happened many times in the course of history. In the 20th century, the ‘small family’ model came into existence, where the parents and the children formed a unit with distant relatives placed further away.

At the same time, I feel that the dissolution of the ‘large family’ system is in completion and that the old system has turned into disintegrated, smaller units.

If we accepted the end of life-long relationships and that constant change is a natural process, maybe children would suffer less when their parents divorce, because they would not perceive this as a deviant, erroneous situation. Nevertheless, this would require a radical change in the perception of relationships.

On what basis have you experienced judges agreeing with fathers in child custody cases?

This can happen in the right circumstances that serve the best interests of the child(ren), usually as a result of joint efforts between a wise judge, good lawyers and a capable child psychologist.

What do you have to say about the experience of a typical judge in Hungary?

Opposing to Western traditions where the most prestigious lawyers often opt for a judicial career, Hungarian judges attend ‘Judge School’ for 3-4 years after finishing their university studies, and when they graduate they may instantly work in their profession. 

This has various disadvantages, since a judge with many years of experience as a lawyer, and with financial security, is more desirable. Generally, in Hungary, a judge will have more difficult conditions than a lawyer with average success.

Do judges ever put their interest in front of the child’s best interest in your experience?

It can be imagined that a judge chooses the easy way rather than risk taking a less usual decision, although a conscientious judge should never act in that manner.

You are familiar with the concept of parental alienation, and you also probably know in the USA or UK for example such an act can result in an immediate change of child custody. What is your opinion about how the Hungarian family court handles this serious matter?

I am sorry to say that such alienation works remarkably well in Hungary, this being one of the greatest wrongdoings that exists. The tension between separated parents can grow to be so powerful that a wish to take revenge crystallizes and overshadows everything. In this situation, the child is turned into the means for revenge by one or both parties.

In theory, lawyers and the judge can avoid such a situation by making the parties understand their common responsibility for the child at the beginning of the process.

In penal and family cases in Hungary, mediation has been around for 7 to 8 years or so. In penal cases, this is done by a civil servant or by a lawyer who assumes this job, and who is not in a position to take decisions. In family cases however trained specialists who are under ‘loose’ state control can provide support in mediation. Whenever such a possibility is (re)discovered to provide a platform for solutions, mediation must be approached extremely cautiously as it does not suit every circumstance.
 

What criteria do you use to select cases?

As my situation has changed in the past twenty years, I choose differently now but I still have some guidelines. It happens with lawyers that they fall in love with a case and accept it even if they have to confront society for it or they do not receive enough payment for it. If a lawyer has no such cases, he or she is not a real lawyer. In the rest of the cases, I generally analyze if I can collaborate with the client, which by no way means the same as agreeing with him. At the same time, lawyers are entrepreneurs from the material point of view, so profitability is not secondary.

Finally, do you have a personal motto that you would share?

One might devote days to identifying such a sentence, writing 15 pages and then searching for their essence to produce a truly personal motto. Or after a good few drinks something might burst forth from my mind.

I believe that the credo of this profession definitely must contain the conviction that the lawyer is one of the pledges that the judge’s decision mirrors the truth. There is a difference between the truth and a good decision, which, nevertheless, is always based on the truth. This is of a fundamental force. There is no other way.

The defense counsel always tries to gain the most favorable decision and the prosecutor always places the most damning evidence in the foreground. These two meet somewhere in the middle. The most determinant part of a lawyer’s practice, against all contradictory suppositions, is that he or she cannot lie, although they may fall silent about different things if they refuses to answer.

This interview was conducted in Hungarian.
Translation by: Melinda Székesvári
Transcribed by: Ana Minodora Sbarci
Edited by: Ben Brundage