HUNGARY

	HUNGARY

	Composition and structure Court functions Advisory functions

Name of the institution : Supreme Court of the Republic of Hungary

President :
Bertalan KAPOSVARI

Address :
Legfelsöbb Bíróság
Budapest, Markó u. 16
H-1055
HUNGARY

Postal address :
Legfelsöbb Bíróság
H-1363 Budapest, Pf. 35
HUNGARY

Phone number :
(36-1) 268-47-48 ou 47-49 (Secretary's office)
(36-1) 268-45-00 (Court)
(36-01) 268-45-02 (President)

Fax :
(36-1) 268-47-48

E-mail :
nagyg@justice.hu
nagyg@legfelsobb.birosag.hu

Web site :
http://www.lb.hu

Composition and structure :

Number of members :
76

Recruitment procedures and incompatibilities :
According to the statute LXVII of 1997, which came into effect in octobre 1st 1997, the magistrates of the Supreme Court are recruited amongst the members of the inferior tribunals. After an examination and the consultation of the council of judges, they are appointed by the President who is not bound by the advice of the council.
The President of the Supreme Court is elected by the National assembly upon a proposal of the President of the Republic. The Vice-president is appointed by the President of the Republic upon proposal of the President of the Supreme Court. Previously, the National Council of the judiciary gives its advice on the person proposed as President and Vice-president of the Supreme Court. The election of the President of the Supreme Court has to be voted by a majority of two thirds of the deputies. The function of judge are incompatible with any other paid function, except those of teacher, researcher and artist. They are not allowed to be member of a political party or to exercise a political activity.

Internal organization :
Since october 1st 1997, the Supreme Court, under the authority of its president, is subdivided into three colleges, of which each is presided by a president of college and is made up of judges specialized in a certain field of law : penal, civil and administrative. From the abovementionned date, the commercial college and the college of labour law are integrated into the civil college where they form specialized sections.

Publications :
The Supreme Court publishes every month the Review of the Court (Bírósági Határozatok), a Report of decisions including not only the judgments of the Supreme Court, but also the rulings of inferior tribunals. The administrative case-law is also published in a special compilation.

Court functions

Jurisdiction :
The courts control the lawfulness of administrative decisions ; this function is assumed by the ordinary jurisidictions. Since January 1st 1999, the administrative college (administrative chamber) of the Supreme Court is only competent for the extraordinary action for revision directed against the judgments pronounced in first and last resort by a district court.
The statute LXVI of 1997 concerning the judicial organization, which came into effect on 1st October 1997, has confered an new juridiction upon the suprême court : the proceedings of unifying the case-law.
The suprême court sits in sections made up of three magistrates in order to adjudicate actions for revision and in sections of five judges for the proceedings of unifying the case-law. But if the decision concerns several colleges (chambers ), the section which is chaired by the President or the Vice-President of the Suprême Court is composed of seven judges.

Organization of the courts system :
The judicial function is exercised by the Supreme Court, by the courts of appeal which will be operational from 1st January 2003, the tribunal of the capital city, the district courts and the local courts.
A statute may introduce some special courts with a jurisidiction restricted to a certain kinf of affairs. Actually, the courts of labour act as special courts in first instance.

Powers of the judge :
In administrative disputes, the judges of the Supreme Court may nullify an illegal act ; thereupon, it depends on the administration to take a new decision. In some cases, mentioned by the law, the judge may even reform the administrative act.

Advisory functions

The Supreme Court has to be consulted on every bill and draft of an order, and on the decress concerning the organization and jurisidiction of the courts.
The Government is not bound by the advices of the Supreme Court.

Miscellaneous remarks

The President of the Supreme Court may seize the Constitutional Court to ask it to interpret the provisions of the Constitution and to control the conformity of a ministerial administrative act or of a rule of law with international treaties.