Pursuant to section 103, subsection (3), point f) of Act no. CLXI of 2011 on the Organisation and Administration of the Courts of Hungary, the National Judicial Council (NJC) shall publish an annual opinion on the practice of the President of the Curia of Hungary in relation with the evaluation of applications for judicial and court executive positions. Under the law, the NJC’s standpoint is solely an opinion without any legal consequences.
Contrary to the NJC’s opinion on the practice of the President of the Curia of Hungary in respect of the evaluation of the 2021 calls for applications, the fact is that the evaluation of the applications has not been challenged by any of the applicants, although they had been given the opportunity to do so. One of the reasons for the lack of requests for remedy is obviously the fact that, without any exception, all the judgeship statuses have been awarded to the applicants in an order established by the Curia’s Judicial Council. All the successful applicants had a higher score, both per post and for all the posts examined at the same time, than the first non-winner and, implicitly, all the other applicants.
The Curia has been following the above well-established and lawful practice for a long time in respect of the assessment of applications. The NJC has previously not expressed any objections in that regard. The President of the Curia of Hungary has, therefore, firmly rejected the NJC’s ad hoc, irresponsible and arbitrary opinion, formulated for the NJC’s meeting of 6 July 2022. The opinion does not follow from the law, is not in accordance with the facts and is unreasonable. The letter of the President of the Curia of Hungary in that matter is publicly available to anyone on the Curia’s website.
It is unfortunate that a political opinion-forming organisation, acknowledging the NJC’s opinion on the interpretation of the law as a fact, presents the aforementioned opinion to the public without providing information on the Curia’s response thereto.
Budapest, 3 September 2022
The Communications Department of the Curia of Hungary