{"id":757,"date":"2018-11-09T09:11:12","date_gmt":"2018-11-09T08:11:12","guid":{"rendered":"https:\/\/obt2018.hu\/?p=757"},"modified":"2019-01-28T17:55:49","modified_gmt":"2019-01-28T16:55:49","slug":"az-obt-2018-november-7-napjan-megtartott-ulese","status":"publish","type":"post","link":"https:\/\/obt2018.hu\/en\/az-obt-2018-november-7-napjan-megtartott-ulese\/","title":{"rendered":"Brief report on the Session of the National Judicial Council (OBT) held on 07\/11\/2018"},"content":{"rendered":"

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Brief report on the Session of the National Judicial Council (OBT) held on 07\/11\/2018 <\/strong><\/h3>\n

09\/11\/2018<\/p>\n

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1.\u00a0\u00a0 Letters of OBH President regarding the operation of the OBT<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

J\u00e1nos B\u00e1n\u00e1ti, president of the Hungarian Bar Association expresses his concerns about the letter that the President of OBH wrote recently regarding OBT. In this letter she labelled OBT illegitimate once again, and stated that she will wait for the decision of a \u201ccompetent body\u201d. Members of the OBT and officials, present at the session with the consultation rights, have no information on any pending proceeding or legal debate about this issue.<\/p>\n

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President of OBH has also sent a letter to court presidents in which she states that she will not allow the payment orders on the costs of the operation of OBT, and she suggests the President of K\u00faria to finance the sessions, and court presidents to bear other costs of the OBT members. At this point the OBT draws her attention to Article 104 Paragraph (1) of the act 161 of 2011 on organization and administration of courts (Bszi).: \u201cTechnical conditions of the operation of OBT must be provided by the OBH.\u201d The budget of OBT is separate within the budget of OBH, the Council shall dispose on its own budget by itself.<\/p>\n

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President of OBH rejected OBT members to inspect files of the administration with the reference of the in-operativity of the Council. For this case, OBT warns the President of OBH to apply the legal regulation of Article 112 Paragraph (1) point a) of Bszi.: \u201cMembers of the OBT have the right to inspect any files on the operation of OBH or OBT and request data or information from her.\u201d Banning OBT members to apply these rights interferes with the Council\u2019s constitutional duty stated in Article 25 Paragraph (5) of the Fundamental Law: \u201cThe National Judicial Council supervises the central administration of ordinary courts\u201d<\/p>\n

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2.\u00a0\u00a0 Electoral Assembly for substitute Council members<\/strong><\/p>\n

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Lajos Makai, president of the Hungarian Association of Judges (MABIE) presents a detailed report on the electoral assembly held on 09\/10\/2018. He confirmed the preliminary information about the breaches of law and other anomalies during the assembly: there was a seating order, there were anomalies about the polls, the assembly made decision for which it didn\u2019t have any competence, however it failed to elect new members which was the single task of the assembly.<\/p>\n

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Several judges and judicial bodies stood up for the judicial self-governance and the rule of law, and expressed their opinion openly on the webpage of the Hungarian Association of Judges (www.mabie.hu<\/a><\/u>)<\/a>. It is highly appreciated by Council members on the session.<\/p>\n

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The National Judicial Council amends its Charter of organization and operation. Article 101 of Bszi. authorizes OBT to give a detailed regulation on the electoral rules. After the electoral assembly held on 09\/10\/2018 it became obvious that there is a growing need to reconstitute these rules to enforce legitimate and democratic elections for OBT substitute members.<\/p>\n

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