Standardization of judicial practice and harmonization with the ecthr jurisprudence ? Hungary

Author:Erika Róth
Position:Associated Professor, Ph.D., Department of Criminal Procedure and Correctional Law, Faculty of Law, University of Miskolc, Hungary
Pages:29-36
SUMMARY

This paper is a little bit unusual. Questions were put by the organisers of the conference in order to obtain information about the practice of administration of law and elaboration of legal norms. The central problem touched by the studies prepared for the conference is the uniformity of legal practice. The author tries to describe shortly the Hungarian solution answering most of questions but... (see full summary)

 
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Erika Róth
29
LESIJ NO. XVIII, VOL. 1/2011
STANDARDIZATION OF JUDICIAL PRACTICE
AND HARMONIZATION WITH THE ECtHR JURISPRUDENCE –
HUNGARY
Erika RÓTH
Abstract
This paper is a little bit unusual. Questions were put by the organisers of the conference in
order to obtain information about the practice of administration of law and elaboration of legal
norms. The central problem touched by the studies prepared for the conference is the uniformity of
legal practice. The author tries to describe shortly the Hungarian solution answering most of
questions but using a partly modified structure: when information would have been similar
concerning different questions she joined them together. Topics of the questionnaire partly cover
problems the author has discussed in her lecture last year.1
Keywords: criminal justice, court system, Hungarian law, jurisdiction, jurisprudence,
legal practice, legal remedies, uniformity of practice
1) Court system of Hungary and levels of jurisdiction
Local courts mean the first level of the Hungarian judicial system. These courts are located
in the major towns (105) of Hungary and in Budapest (6).2 The local court shall proceed as single
judge or in chamber (one professional judge and two lay judges or – as a new possibility - two
professional judges and three lay judges).
The second level of the Hungarian court system consists of 19 county courts and the
Metropolitan Court of Budapest (hereinafter jointly referred to as county court). These county
courts are competent to hear as first instance courts the cases established by an Act, and review
appeals lodged against the decisions of local courts in the second instance.3
In some cases defined by law only the county courts have exclusive jurisdiction, they are
competent to hear for example homicides, acts of terrorism, trafficking of human beings. As a first
instance court the county court shall hear cases in chamber composed by one professional judge
and two lay judges or two professional judges and three lay judges (depending on the complexity
and seriousness of the cases). As a second instance court the county court shall review appeals in
chamber composed by three professional judges.4
Regional courts of appeal are the ‘youngest’ actors of the administration of justice. In
Hungary 5 regional courts of appeal are seated in Budapest, Debrecen, GyQr, Pécs and Szeged.
These courts have competence to render judgment on legal remedy submitted against decisions of
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Associated Professor, Ph.D., Department of Criminal Procedure and Correctional Law, Faculty of Law, University
of Miskolc, Hungary (e-mail: jogerika@uni-miskolc.hu)
1 Published in Lex et Scientia. International Journal. Nr. XVII. Vol.1/2010. pp. 41-51
2 http://www.birosag.hu/engine.aspx?page=birosag_english_03_judicial
3 http://www.birosag.hu/engine.aspx?page=birosag_english_03_judicial
4 http://www.birosag.hu/engine.aspx?page=birosag_english_03_judicial

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