The European Commission said on Tuesday 20 October that it was “closely monitoring” the situation in Hungary after the appointment of Zsolt Andras Varga as Chief Justice of the Supreme Court triggered a new controversy. It also gave assurances that it will take “action when the time is right”.
Hungarian MPs endorsed the appointment of the new Chief Justice of the Supreme Court on 19 October despite strong criticism from judges who were concerned about the independence of the judicial system in their country, according to AFP, and despite the fact that Varga's name had been overwhelmingly rejected by the National Council of the Judiciary (NCJ).
The fault is attributed to his lack of experience and for having worked for several years as a deputy to a public prosecutor known to be close to Viktor Orbán. It is therefore an appointment that is “contrary to the principle of judicial independence” according to the OBT.
The European Commission stated that the concerns expressed about Hungary in its first annual report on the Rule of law, published on 30 September (see EUROPE 12571/5), were “confirmed” by this appointment.
“There are new appointment rules that lower the qualification bar for appointing members of the Supreme Court, including its Chief Justice, and also increase parliamentary discretion. This new situation only confirms the European Commission's concerns”.
Its report stressed “the importance of reducing the influence of the executive power on the judiciary in order to maintain the independence of the latter”. (Original version in French by Solenn Paulic)