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Petra Bard on the CJEU Ruling in Hungarian Judge’s Case

"Just because a national judge initiates a dialogue with the court in Luxemburg, no disciplinary action can be taken against him," our Research Affiliate, Petra Bard said to Euronews.

On November 23, the Court of Justice of the European Union (CJEU) ruled in the case of a Hungarian judge who was disciplined for seeking advice from the CJEU that judges in EU Member States can request advice from the EU’s top court and cannot be subjects to disciplinary measures for doing so. “On the basis of the primacy of EU law, a national court must disregard any national judicial practice which is prejudicial to its right to make a reference to the Court of Justice,” the ruling states.

The judge sought advice about arranging interpreters for criminal trials, related to a case against a Swedish national in Hungary. If the quality of the interpretation is inadequate, the accused foreign citizens will not understand the accusations, will not be able to defend themselves properly, and as a result the criminal proceedings will not be fair, Petra Bard explained to Euronews, adding that it can’t be stated either what the Hungarian Curia (Supreme Court) actually said, that requesting advice is illegal itself. Only the CJEU can decide whether to accept such requests or not.

Read the full article (in Hungarian) here.

Cover image: Flickr / Transparency International
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