A Hungarian Judge Seeks Protection from the CJEU – Part II

In 2012, Hungary introduced a unique system of judicial administration that was criticized by domestic and international actors. This criticism has been validated by events since then which have shown that the National Judicial Council, the highest collective body of judges, is practically unable to counter-balance the broad powers of the President of the National Judicial Office (NJO). This has caused tensions between judges and the judicial administration, something that was predictable in 2012 when the system was introduced and has led to what can only be described as a ‘constitutional crisis’.

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A Hungarian Judge Seeks Protection from the CJEU – Part I

For the first time, a Hungarian judge stayed proceedings to ask the CJEU preliminary questions about the independence of Hungarian courts. The questions concern the appointment of court presidents and the low salary of judges. The response of Hungarian authorities was quick: Within a week, the Prosecutor General requested the Kúria (Hungary’s Supreme Court) to review the reference with the possible effect of deterring other judges from asking similar questions.

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A Judge Born in the USSR

The Sofia City Court which is notorious for its corruption is currently dealing with its latest scandal which involves the citizenship of the court’s President Alexey Trifonov. There are rising concerns that he is not a Bulgarian citizen – holding Bulgarian citizenship, however, is a requirement to serve as a magistrate in Bulgaria. The answer to a question, which appears to be simple at first glance – what is judge Trifonov’s citizenship? ­– requires the study of USSR and Bulgarian citizenship law applicable in 1972. The issue has already reached Bulgaria’s Supreme Administrative Court and illustrates the deplorable state of Bulgaria’s rule of law.

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