The online discussion covered the Curia’s existing experiences in relation to its several-year long jurisprudence-uniformization activities. In this context, the Venice Commission’s questions focused on the Curia’s uniformity complaint panels and jurisprudence-uniformization tasks as well as on the selection of the members of the Curia’s five-member judicial panels and the operation thereof.
The participants of the meeting discussed, in detail, the individual phases of the development – that had also taken the Venice Commission’s earlier recommendations into account – of the current form of the legislation concerned. The Curia informed the rapporteurs that the establishment of the uniformity complaint panel had been carried out, following a series of consultations with the competent judicial bodies, in line with the principle of objectivity and on the basis of an automatism to the greatest possible extent. The latter panel has since been operated in accordance with the same criteria.
In response to the Venice Commission’s enquiry, the Curia’s representatives have told that, based on the Curia’s experiences gained in 2021, the Curia is fully capable of ensuring the uniformity of the courts’ case-law, which is one of the supreme judicial forum’s main constitutional tasks. They have also noted that the Curia’s judges are not selected by the President, since the Curia’s chambers and Judicial Council have a decision-making role in the assessment of the applications of judge candidates.
Budapest, the 9th of September 2021
The Communications Department of the Curia of Hungary