BUDAPEST, Dec. 12 (Xinhua) -- The Hungarian Parliament adopted a controversial law setting up a supreme court on administrative matters here on Wednesday.
The law was passed by 131 in favor, 2 against and zero abstentions. The court's new president may be elected by the end of March 2019.
According to Minister of Justice Laszlo Trocsanyi, "the current minister of justice will be accountable to parliament in order to have an independent, efficient and high-quality administrative court."
In absence of a two-thirds majority during the previous parliamentary term, the ruling Fidesz party had been unable to create the so-called administrative courts to oversee sensitive public administration cases. Eventually, Fidesz tried to pass the proposal by a simple majority, but this attempt was blocked by the Constitutional Court following the veto of the head of state, Janos Ader.
According to the original plans, the administrative courts would take over cases from the existing courts. They could decide on the legality of the actions of public bodies, such as the Hungarian National Bank, the Public Procurement Arbitration Board or the Media Council. It would also be responsible for issues involving confidentiality and would have a decisive say in electoral affairs.
Opposition parties and NGOs have severely criticized the law establishing the new courts, arguing that it would undermine judicial independence.
The Hungarian Helsinki Committee, a human rights group, said that the new text was yet another "serious threat to the rule of law in Hungary."
The Hungarian government is already facing Article 7 disciplinary proceedings for allegedly violating the European Union (EU) democratic norms.
The EU enumerates a number of concerns about the rule of law in Hungary; the changes to its electoral system implemented without the approval of the opposition parties; the independence of the judiciary, namely the decrease of the power of the Constitutional Court; and alleged corruption issues.
The adoption of the new law is expected to attract the attention of EU bodies, and not in a benevolent manner.
According to the Helsinki Committee, the text undermines the separation of powers, the boundaries between executive and judicial power will be blurred, and it could pave the way for political interference by the government.
The new administrative courts are planned to become operational on Jan. 1, 2020.
The Hungarian government has pledged that the new courts will be independent of political interference, but the minister of justice will have exceptionally strong powers, such as selecting and appointing new judges to the Administrative High Court and lower administrative courts; appointing court presidents and judges to senior positions, as well as promotions.
The minister will also have powers in determining the administrative courts' budgets; and shaping the new court system during the transitional period in 2019 when new judges, new court presidents and senior judges will be appointed.
