Information Note on the Court’s case-law No. 180
December 2014
Baka v. Hungary (referral) - 20261/12
Judgment 27.5.2014 [Section II]
Article 6
Civil proceedings
Article 6-1
Access to court
Inability of Supreme Court President to contest premature termination of his mandate:case referred to the Grand Chamber
Article 10
Article 10-1
Freedom of expression
Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity:case referred to the Grand Chamber
The applicant, a former judge of the European Court of Human Rights, was elected President of the Supreme Court of Hungary for a six-year term ending in 2015. In his capacity as President of that court and of the National Council of Justice, the applicant expressed his views on various legislative reforms affecting the judiciary. The transitional provisions of the new Constitution (Fundamental Law of Hungary of 2011) provided that the legal successor to the Supreme Court would be the Kúria and that the mandate of the President of the Supreme Court would end following the entry into force of the new Constitution. As a consequence, the applicant’s mandate as President of the Supreme Court ended on 1 January 2012. According to the criteria for the election of the President of the new Kúria, candidates were required to have at least five years’ experience as a judge in Hungary. Time served as a judge in an international court was not counted. This led to the applicant’s ineligibility for the post of President of the new Kúria.
In a judgment of 27 May 2014 (see Information Note 174), a Chamber of the Court held unanimously that there had been a violation of Article 6 § 1 of the Convention (right of access to court) because the applicant had been unable to contest the premature termination of his mandate. It also found a breach of the applicant’s right to freedom of expression under Article 10 after finding that the premature termination of the applicant’s mandate had been as a result of views expressed publicly in his professional capacity.
On 15 December 2014 the case was referred to the Grand Chamber at the Government’s request.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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