Interference with the independence of the Hungarian judiciary: the case of András Baka

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Background

András Baka served as a judge at the European Court of Human Rights between 1991-2008. In 2009 he was elected as President of the Hungarian Supreme Court for a six-year term, scheduled to last until June 2015. Between February and November 2011, Mr. Baka criticized  legislative reforms that would fundamentally affect the judiciary. Fundamental changes went ahead and were recognised by many to have undermined the independence of the Hungarian justice system.

As a result of his public comments, Mr Baka was forced from office three and a half years before the end of his mandate, following a change in the law designed specifically to remove him.

Judgment of the European Court of Human Rights

The European Court found a violation of Mr. Baka’s rights. It was doubtful that the legislation which had forced him from office had been compatible with the rule of law, and Mr Baka had been unable to challenge it.  Furthermore, as the premature termination of Mr. Baka’s mandate had been prompted by his views and criticisms of legislative reforms affecting the judiciary, his dismissal had violated his right to freedom of expression.

“The case was not about the money. The lesson is that such things cannot be done under the rule of law”
— Mr Baka’s lawyer lawyer András Cech, quoted by Budapest Beacon

Shortcomings in Implementation

The Council of Europe has called on the Hungarian authorities to take all necessary measures in order to erase fully the consequences of the violation Mr. Baka suffered.

As to general measures, they must provide effective safeguards to review any measures leading to the dismissal or removal of a judge and ensure that no further premature removals of judges on similar grounds will occur. Moreover, they must take the measures envisaged to lift the “chilling effect” caused by the violation.

The findings of the Council of Europe’s Committee of Ministers on the case are important for the European Union’s ongoing Article 7 Rule of Law review procedure, which takes the (non) implementation of this case into account in its assessment of Hungary’s rule of law status.

EIN Activities

EIN member the Hungarian Helsinki Committee is monitoring the case closely - for example, see their submission from August 2019 - and highlighting the non-implementation of the case in its ongoing activities relating to the state of rule of law in Hungary. HHC has benefitted from EIN training and the EIN secretariat keeps the organisation closely updated with updates in the monitoring procedure.