Today the European Court of Human Rights concluded Hungary was in breach of the European Convention on Human Rights due to the premature termination of the Hungarian Supreme Court’s President’s mandate in early 2012. The judgment confirms concerns of the HHC, the HCLU and the Eötvös Károly Institute that Mr Baka’s dismissal violated the independence of the judiciary, and was a further step in weakening the rule of law in Hungary.
In 2010, the Hungarian Parliament adopted an Act allowing the dismissal of certain civil servants without justification. Related provisions left civil servants without effective domestic remedy, because in absence of justification, it is almost impossible to prove that the dismissal was ill-founded. Furthermore, courts could do nothing else than to apply the provisions in force, which made such dismissals without a justification lawful.