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2013. December 5.
Decision 36/2013 on the constitutional review of judicial case transfer
Decision number: Decision 36/2013. (XII. 5.)
Subject of the case:
Constitutional review of judicial case transfer
A regulation, previously in force, which had allowed the transfer of judicial cases, was contrary to the right to a fair trial under both the Fundamental Law and the European Convention on Human Rights; in particular, the principle of the lawful judge and the right to an impartial court. The regulation failed to fully define instances in which case transfer was permissible, authorised the President of the National Office for the Judiciary to appoint the acting court at his or her discretion, and did not provide any remedy for the concerned person against the decision of the President of the National Office for the Judiciary concerning the case transfer.