Decision 38/1993 on the appointment of judges
11 June 1993
Decision number: Decision 38/1993. (VI. 11.)
Subject of the case:
The appointment of judges
Under Hungarian law, the Minister of Justice has several powers in appointing the presidents of the courts at different levels. The amendment to the Judiciary Act in 1991 introduced new self-governing institutions (judicial councils), but did not abrogate the Minister’s powers. Therefore claimants challenged the constitutionality of the Act. The Constitutional Court upheld the validity of the law, but defined the constitutional requirements of the appointments. The appointment of judges by another branch (e.g. the executive) must be counterbalanced by the judiciary or by another branch. In the case of participation by the judiciary, their opinion should substantially determine the appointment.