Hungary Considers Changes to Supreme Prosecutor Appointment

The news in Hungarian

Translation

The Hungarian Judicial Committee has proposed an amendment to the constitution. This change could alter the process of selecting the Chief Prosecutor. It will no longer be mandatory for the new prosecutor to be chosen from the current prosecutors. According to the proposal, Parliament will elect the prosecutor based on a presidential recommendation and with a two-thirds majority vote. These changes may come into effect in 2025.

Exercise: Text comprehension

Question 1: Who proposed the changes to the constitution regarding the Supreme Prosecutor selection?

The Magyar Igazságügyi Bizottság proposed the changes.

Question 2: When might the changes to the Supreme Prosecutor appointment take effect?

The changes might take effect in 2025.

Exercise: Vocabulary

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▌20/11/2024

In an unexpected move, Hungary’s Judicial Committee recently discussed an amendment to the country's constitution that could significantly alter the selection criteria for the role of Supreme Prosecutor. The proposed changes would no longer mandate the appointee to be chosen exclusively from current prosecutors, aligning Hungary with practices observed in various European countries.

This amendment, scheduled for legislative debate, was introduced by Imre Vejkey, the head of the Judicial Committee. According to the proposal, the Supreme Prosecutor would continue to be appointed by Parliament upon the recommendation of the President, requiring a two-thirds majority for confirmation. However, the candidate would no longer need to come from within the ranks of existing prosecutors.

The rationale behind the amendment reflects both national and international precedents. Historically, out of the three individuals who have held the Supreme Prosecutor position in Hungary since the end of communism, two were initially from outside the prosecutorial service. Currently, many European countries, including the Netherlands and Sweden, do not require their top prosecutor to have a prosecutorial background.

Hungary Considers Changes to Supreme Prosecutor Appointment (Illustration)

The proposed constitutional change is poised to impact the tenure of current Supreme Prosecutor, Péter Polt, whose term is set to end in December 2028, unless an earlier replacement occurs. The amendment might facilitate selecting a successor from outside the current prosecutorial ranks, a move seemingly supported by Hungary’s ruling political parties.

Besides this significant shift concerning the Supreme Prosecutor's appointment, the proposed constitutional changes also extend to the criteria for appointing Constitutional Court judges. The amendment seeks to relax previous restrictions, eliminating the requirement for judicial candidates to work in positions necessitating a law degree. This change could broaden the pool of eligible candidates, though it has sparked varied opinions regarding its potential impact on judicial independence and effectiveness.

The proposed amendments are scheduled to take effect on January 1, 2025, contingent upon approval during upcoming parliamentary discussions. The timing aligns with the expiration of terms for two Constitutional Court judges, potentially influencing the selection process for their replacements.

The introduction of this amendment is the latest in a series of constitutional changes in Hungary, underscoring ongoing legal and political dynamics within the country. Observers are keenly watching how these developments might affect the balance of power within Hungary’s judicial system and its alignment with broader European legal standards.

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