Rule of law cases – Hungary

Hungarian cases on the rule of law at the cjeu

Case NumberNameDate of JudgementECLI:EU:C:SummaryStatus
C‑286/12Commission v Hungary06/11/20122012:687
retirement age of judges

lowering the retirement age of judges creates difference in treatment on grounds of age which is not proportionate; Directive 2000/78/EC

closed
C-556/17Torubarov29/07/20192019:626
asylum procedure, effective judicial remedy

guarantee of effective judicial remedy for applicant of international protection, national court/tribunal required to vary a decision of the first-instance determining body that does not comply with its previous judgment; Directive 2013/32/EU, Art. 47 CFR

closed
C-718/17Commission v Hungary-
relocation of applicants for international protection

Joined Cases C-715/17 (Poland), C-718/17 (Hungary), C-719/17 (Czech Republic); failure to assist Italy and Greece by relocating applicants for international protection to their respective territories

in progress
C-66/18Commission v Hungary06/10/20202020:792
academic freedom

violation of academic freedom concerning amendments in Hungary's 2011 Higher Education Act that limit the operations of foreign academic institutions in Hungary; Art 14 CFR

closed
C-78/18Commission v Hungary18/06/20202020:476
Hungarian NGO Transparancy Law

restrictions imposed by Hungary on the financing of foreign civil society organisations through excessive transparency requirements; Art. 63 TFEU

closed
C-406/18PG v Bevándorlási és Menekültügyi Hivatal19/03/20202020:216
asylum procedure, effective judicial remedy

the right to an effective remedy in asylum procedures; Directive 2013/32/EU, Art. 47 CFR

closed
C-564/18LH v Bevándorlási és Menekültügyi Hivatal19/03/20202020:218
asylum procedure, effective judicial remedy

grounds for issuing an inadmissibility decision of an application for international protection (IP) and the time-limit imposed to make such a decision; Art. 47 CFR, Art. 33 Directive 2013/32/EU

closed
C-650/18Hungary v Parliament03/06/20212021:426
legality of the adoption of the Art. 7 TEU resolution

Hungary challenged the vote on Art. 7 procedure for determining the existence of a clear risk of a serious breach by Hungary of the EU’s fundamental values, Hungary argued that the vote result did not take into account the abstentions

closed
C-808/18Commission v Hungary17/12/20202020:1029
international protection and return of unlawfully staying TCN’s

Hungary failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals; Procedures Directive (Directive 2013/32), Reception Directive (Directive 2013/33) & Qualification Directive (Directive 2008/115)

closed
C-40/19EYcase withdrawn due to decision in C-406/18
asylum procedure, effective judicial remedy

effective judicial protection even if courts cannot amend asylum procedure decisions but may only annul them and order a new procedure; Art. 47 CFR, Art. 31 of Directive 2013/32/EU

withdrawn
C-67/19KD v Bevándorlási és Menekültügyi Hivatalcase withdrawn due to decision in C-406/18
asylum procedure, effective judicial remedy

effective judicial protection even if courts cannot amend asylum procedure decisions but may only annul them and order a new procedure; Art. 47 CFR, Art. 31 of Directive 2013/32/EU

withdrawn
C-210/19TNcase withdrawn due to decision in C-406/18
asylum procedure, effective judicial remedy

effective judicial protection even if courts cannot amend asylum procedure decisions but may only annul them and order a new procedure; Art. 47 CFR, Art. 31 of Directive 2013/32/EU

withdrawn
C-564/19IS-
independence of judiciary

case on criminal procedure, in particular on the monitoring by authorities of the quality of interpretation and translation into the language of the accused; Art. 19 TEU, Art. 47 CFR, Directive 2010/64/EU

in progress
C-821/19Commission v Hungary-
inadmissibality for international protection applications

introduction of a ground of inadmissibility for applications for international protection in addition to those listed in the Procedures Directive 2013/32/EU and the Hungarian Criminal Code that criminalises any ‘organising activity’ enabling asylum proceedings to be brought by a person who is not entitled to international protection under national law

in progress
Joined Cases C‑924/19 PPU and C‑925/19 PPU FMS and Others14/05/20202020:367
international protection, effectiv judicial remedy

change of destination country in return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy, transit zone as detention within meaning of Reception Conditions and Returns Directive; Art. 47 CFR

closed
C-156/21Hungary v Parliament and Council-
Conditionality Regulation

Hungary challenges the legality of Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget as it lacks a valid legal basis

in progress

Hungarian cases on the rule of law at the ECTHR

THIs list only contains communicated cases.
Case NumberNameDate of JudgementSummaryStatus
20261/12Baka v. Hungary27/05/2014
judicial independence

Art. 6 ECHR; judicial independence, several constitutional and legislative reforms led to the early termination of Mr. Baka’s mandate, expelling the critical judge from the highest office in the Hungarian judiciary, without providing any possibility for judicial review

closed
45434/12, 45438/12 and 375/13J.B. and Others v. Hungary27/11/2018
retirement age of judges

Art. 6 and 8 ECHR; retirement age of judges, complaints of judges and prosecutors who faced early retirement as a result of Hungary’s recent judicial reforms, found inadmissible as they failed to establish the severity of the impact this legislative measure had on their private lives

closed
45438/12 (decision in J.B. and others v. Hungary)
Belegi and others v. Hungary27/11/2018see J.B. and others v. Hungaryclosed
375/13 (decision in J.B. and others v. Hungary)
Horváth and Kulcsár v. Hungary27/11/2018see J.B. and others v. Hungaryclosed
57774/13Miracle Europe Kft v. Hungary12/04/2016
tribunal/court established by law

Article 6 ECHR; volation of the applicant company’s right to a fair trial on account of its case not being heard by a “tribunal established by law” due to the discretionary reassignment from the initially competent court to another court

closed
22254/14Erményi v. Hungary22/02/2017
premature termination of judge's mandate

premature termination of the applicant’s mandate as Vice-President of the Hungarian Supreme Court in parallel with the dismissal of the President of that court, examined in the Baka case, due to a change in the Hungarian legislation

closed