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European Parliament 2014-2019 Committee on Civil Liberties, Justice and Home Affairs 2017/2131(INL) 25.6.2018 AMENDMENTS 68 - 263 Draft report Judith Sargentini (PE620.837v01-00) on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (2017/2131(INL)) AM\1157114EN.docx PE622.146v02-00 EN United in diversity EN AM_Com_NonLegReport PE622.146v02-00 2/162 AM\1157114EN.docx EN Amendment 68 Judith Sargentini Motion for a resolution Annex I – point 12 Motion for a resolution Amendment (12) Since 2012, Hungary has taken (12) Since 2012, Hungary has taken positive steps to transfer certain functions positive steps to transfer certain functions from the president of the NJO to the NJC from the president of the NJO to the NJC in order to create a better balance between in order to create a better balance between these two organs. However, further these two organs. However, further progress is still required. GRECO, in its progress is still required. GRECO, in its report adopted on 27 March 2015, called report adopted on 27 March 2015, called for minimising the potential risks of for minimising the potential risks of discretionary decisions by the president of discretionary decisions by the president of the NJO. The president of the NJO is, inter the NJO. The president of the NJO is, inter alia, able to transfer and assign judges, and alia, able to transfer and assign judges, and has a role in judicial discipline. The has a role in judicial discipline. The president of the NJO also makes a president of the NJO also makes a recommendation to the President of recommendation to the President of Hungary to appoint and remove heads of Hungary to appoint and remove heads of courts, including presidents and vice- courts, including presidents and vice- presidents of the Courts of Appeal. presidents of the Courts of Appeal. On 2 GRECO welcomed the recently adopted May 2018, the NJC held a session where Code of Ethics for Judges, but considered it unanimously adopted decisions that it could be made more explicit and concerning the practice of the president of accompanied by in-service training. the NJO with regard to declaring calls for applications to judicial positions and senior positions unsuccessful. The decisions found the president’s practice unlawful. GRECO also welcomed the recently adopted Code of Ethics for Judges, but considered that it could be made more explicit and accompanied by in-service training. Or. en Amendment 69 Lívia Járóka Motion for a resolution Annex I – point 13 AM\1157114EN.docx 3/162 PE622.146v02-00 EN Motion for a resolution Amendment (13) Following the judgment of the (13) Following the judgment of the Court of Justice of the European Union Court of Justice of the European Union (the “Court of Justice”) of 6 November (the “Court of Justice”) of 6 November 2012 in Case C-286/12, Commission v. 2012 in Case C-286/12, Commission v. Hungary1, which held that by adopting a Hungary, which held that by adopting a national scheme requiring the compulsory national scheme requiring the compulsory retirement of judges, prosecutors and retirement of judges, prosecutors and notaries when they reach the age of 62, notaries when they reach the age of 62, Hungary failed to fulfil its obligations Hungary failed to fulfil its obligations under Union law, the Hungarian under Union law, the Hungarian Parliament adopted Act XX of 2013 which Parliament adopted Act XX of 2013 which provided that the judicial retirement age is provided that the judicial retirement age is to be gradually reduced to 65 years of age to be gradually reduced to 65 years of age over a ten year period and set out the over a ten year period and set out the criteria for reinstatement or compensation. criteria for reinstatement or compensation. In its report of October 2015, the In its report of October 2015, the International Bar Association’s Human International Bar Association’s Human Rights Institute stated that a majority of the Rights Institute stated that a majority of the removed judges did not return to their removed judges did not return to their original positions. original positions, although the amendments introduced by Act XX of 2013 provided the possibility for retired judges to return to their former posts at the same court under the same conditions as prior to the regulations on retirement, or if they were unwilling to return, they received a 12-month lump sum compensation for their lost remuneration, and could file for further compensation before the court; the individual choices of the judges cannot therefore be held against Hungary. __________________ __________________ 1 Judgment of the Court of Justice of 6 1 Judgment of the Court of Justice of 6 November 2012, Commission v. Hungary, November 2012, Commission v. Hungary, C-286/12, ECLI:EU:C:2012:687. C-286/12, ECLI:EU:C:2012:687. Or. en Amendment 70 Kinga Gál PE622.146v02-00 4/162 AM\1157114EN.docx EN Motion for a resolution Annex I – point 13 Motion for a resolution Amendment (13) Following the judgment of the (13) Following the judgment of the Court of Justice of the European Union Court of Justice of the European Union (the “Court of Justice”) of 6 November (the “Court of Justice”) of 6 November 2012 in Case C-286/12, Commission v. 2012 in Case C-286/12, Commission v. Hungary1, which held that by adopting a Hungary1, which held that by adopting a national scheme requiring the compulsory national scheme requiring the compulsory retirement of judges, prosecutors and retirement of judges, prosecutors and notaries when they reach the age of 62, notaries when they reach the age of 62, Hungary failed to fulfil its obligations Hungary failed to fulfil its obligations under Union law, the Hungarian under Union law, the Hungarian Parliament adopted Act XX of 2013 which Parliament adopted Act XX of 2013 which provided that the judicial retirement age is provided that the judicial retirement age is to be gradually reduced to 65 years of age to be gradually reduced to 65 years of age over a ten year period and set out the over a ten year period and set out the criteria for reinstatement or compensation. criteria for reinstatement or compensation. In its report of October 2015, the The Commission continuously monitored International Bar Association’s Human the implementation of the new Hungarian Rights Institute stated that a majority of law on retirement and on 20th November the removed judges did not return to their 2013 acknowledged the measures of original positions. Hungary to make its retirement law compatible with EU law; the Commission was further satisfied with the implemented remedies concerning the affected judges, prosecutors and public notaries, including the right of reinstatement without judicial procedure, and the right to compensation. __________________ __________________ 1 Judgment of the Court of Justice of 6 1 Judgment of the Court of Justice of 6 November 2012, Commission v. Hungary, November 2012, Commission v. Hungary, C-286/12, ECLI:EU:C:2012:687. C-286/12, ECLI:EU:C:2012:687. Or. en Amendment 71 József Szájer, Lívia Járóka, Kinga Gál Motion for a resolution Annex I – point 14 AM\1157114EN.docx 5/162 PE622.146v02-00 EN Motion for a resolution Amendment (14) In its judgment of 16 July 2015, deleted Gaszó v. Hungary, the European Court of Human Rights (ECtHR) held that there had been a violation of the right to a fair trial and the right to an effective remedy. The ECtHR came to the conclusion that the violations originated in a practice which consisted in Hungary’s recurrent failure to ensure that proceedings determining civil rights and obligations are completed within a reasonable time and to take measures enabling applicants to claim redress for excessively long civil proceedings at a domestic level. The execution of that judgment is still pending. Or. en Amendment 72 Kinga Gál Motion for a resolution Annex I – point 14 Motion for a resolution Amendment (14) In its judgment of 16 July 2015, (14) In its judgment of 16 July 2015, Gaszó v. Hungary, the European Court of Gazsó v. Hungary, the European Court of Human Rights (ECtHR) held that there had Human Rights (ECtHR) held that there had been a violation of the right to a fair trial been a violation of the right to a fair trial and the right to an effective remedy. The and the right to an effective remedy. The ECtHR came to the conclusion that the ECtHR came to the conclusion that the violations originated in a practice which violations originated in a practice which consisted in Hungary’s recurrent failure to consisted in Hungary’s recurrent failure to ensure that proceedings determining civil ensure that proceedings determining civil rights and obligations are completed within rights and obligations are completed within a reasonable time and to take measures a reasonable time and to take measures enabling applicants to claim redress for enabling applicants to claim redress for excessively long civil proceedings at a excessively long civil proceedings at a domestic level. The execution of that domestic level. The new Code of Civil judgment is still pending. Procedure of Hungary adopted in 2016 provides for the acceleration of civil proceedings and the new Code of PE622.146v02-00 6/162 AM\1157114EN.docx EN Criminal Proceedings contributes to the expediency and effectiveness of proceedings. Hungary has duly informed the Committee of Ministers of the Council of Europe that the new law creating an effective remedy for prolonged procedures will be adopted by October 2018.