Simha Rotman stressed that the rule of law can be used as a weapon against certain countries, such as Hungary.Continue reading
The European Commission’s annual rule of law report contains several inaccuracies about Hungary’s prosecution service, according to the Prosecutor General’s Office. They refuted claims of political influence, asserting all cases are handled professionally and lawfully. They encouraged reporting any political interference for thorough investigation.
The statement cited the case of Péter Magyar, leader of the freshly formed Tisza Party, who alleged political influence and document manipulation. An extensive investigation led to the case’s closure. The report’s claim that court decisions overruling prosecutors’ decisions are non-binding was disputed, clarifying that an investigating judge can set aside contested decisions, thus enforcing them.
If terminated again, a new motion for reconsideration can be filed.
The prosecutor’s office cannot be forced to press charges, maintaining its independence, but individuals can bring cases to court, though this has never occurred, indicating lawful actions.
This week, the #vdLCommission meets to discuss:
2024 Rule of Law Report pic.twitter.com/HL7sjROPY5
— European Commission (@EU_Commission) July 24, 2024
The statement criticized the Commission’s objections to the hierarchical structure of Hungary’s prosecution service as inaccurate and misleading. The Consultative Council of European Prosecutors and the Venice Commission have endorsed the hierarchical structure. The Hungarian prosecution service operates autonomously, free from political interference, with laws ensuring independence and preventing corruption. The government and Minister of Justice cannot instruct the Prosecutor General, who does not give instructions in individual cases. The organizational structure allows the Chief Prosecutor to give instructions to subordinates, who can request them in writing if they disagree.
If the instructions are unlawful or against legal convictions, prosecutors can request to be relieved from the case, a request that cannot be refused.
Regarding high-level corruption, the prosecution noted that the Commission’s findings are based on past data. The Hungarian Criminal Code does not recognize “high-level corruption,” and the Prosecutor’s Office awaits clarification from the Commission. The prosecution has indicted several senior officials in corruption cases.
Contrary to the report’s claim that public sector corruption remains high, a Eurobarometer survey indicated 22% of Hungarian respondents felt corruption affected their daily life, placing Hungary in the middle of EU member states and better than the EU average. Only 9% had witnessed corruption in the previous year.
The statement concluded that the allegations in the Rule of Law Report are untrue and misleading. The Hungarian prosecution service acts professionally and lawfully in all cases, free from political influence. Court decisions confirm the prosecution service’s correct actions.
Via MTI; Featured Image: Pixabay