REPORT ON THE EXCHANGE AND SUMMARY

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Eustace Wilson
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REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2.

1 REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN within one month after the exchange. 2. Please use the template below to write your report (recommended length: 4 pages). 3. Please write in English or French. Should this not be possible, the report can be written in another language but the summary must be in English or French. 4. Please read the guidelines for drafting the report (in Annex). Feel free to add any other relevant information in your report. 5. The summary shall contain a synthesis of the most important information of the report. 6. Please note that NO NAMES, neither yours nor the ones of the persons you met during your exchange, should appear in the report in order to ensure anonymity 1. Initials can be used when necessary. Identification of the participant Name: First name: Nationality: German Country of exchange: Hungary Publication For dissemination purposes and as information for future participants in the Programme please take note that, unless you indicate otherwise, EJTN may publish your report in its website. In this case the report will remain anonymous and your name and surname will not appear. To this aim, please do not mention any names in the reports. Initials can be used instead. Please tick this box if you do not wish for your report to be published For completion by EJTN staff only Publication reference: 1 To that purpose, the first page of this report will be taken out before any possible publication Réseau Européen de Formation Judiciaire/ (aisbl) Rue du Luxembourg 16B, B-1000 Bruxelles; Tel: ; Fax: ; exchanges@ejtn.eu

For completion by EJTN staff only Publication reference: Identification of the participant Nationality: German Functions: administrative judge Length of service: 1 1/2 Year Identification of the

2 For completion by EJTN staff only Publication reference: Identification of the participant Nationality: German Functions: administrative judge Length of service: 1 1/2 Year Identification of the exchange Hosting jurisdiction/institution: Judicial Academy City: Budapest, Szolnok Country: Hungary Dates of the exchange: Nov 5 th -Nov 16 th 2012 Type of exchange: one to one exchange group exchange general exchange specialized exchange (please specify : ) I Programme of the exchange REPORT My exchange took place in November It was divided into two parts. The first week was arranged by the Hungarian Judicial Academy in Budapest. In the second week I accompanied an administrative judge in Szolnok at his work. First Week (Budapest): I spent the first day at the Hungarian Judicial Academy where I got an introduction to the Hungarian judicial system. On the second day I had the possibility to visit the Curia, the Hungarian Supreme Court. I attended a court hearing and I was shown the building of the Court. On the third and forth day I attended court hearings at the Metropolitan Tribunal and got an explanation of the work of an administrative judge in Hungary. I also got a lot of information about the Hungarian Judicial System and talked with judges and trainees. On the fifth day I had a guided tour at the Hungarian Parliament.

3 Second Week (Szolnok): I spent most of the time of the second week at the Szolnok Tribunal. I attended court hearings and met with administrative and criminal judges and the President of the Court. On the third day we drove to the local court in Tiszafüred, where I met the President of the Court and visited the court building. Afterwards we went to the High Regional Court in Debrecen where I met the Vice President of the Court. II. The hosting institution The hungarian judicial system consists of the court administration and the different courts. There are 111 local courts, 20 district courts, 5 higher regional courts and the Curia (supreme court). These courts are competent for all cases except labor cases, wich are dealt with by special labor courts. The district courts have first and second instance authorities. The higher regional courts as well as the Curia only have a second instance authority. My hosting institution in Budapest was the Hungarian Judicial Academy. The Academy provides a wide range of different courses for junior and senior judges. The professional training of hungarian judges combines mandatory and voluntary courses which have to be/can be taken by trainee judges as well as first or second instance judges. Judges of all of the above named courts can take part in the courses provided by the Judicial Academy to improve their legal and soft skills. The Academy also arranges national and international conferences and organises the EJTN exchange programme. III. The law of the hosting country The administrative law in Hungary is very similar to the German administrative law. The cases of Hungarian judges escpecially concerning bulding legislation include the same problems than my cases in Germany. IV. The comparative law aspect in the exchange The hungarian system is partly based on ideas and elements of the german judicial system wich leads to a certain similarity. The structure of the courts resembles to the system of the german civil and criminal courts. The administrative law also is very similar to german law and the problems which have to be solved by the courts are almost the same. A very big difference to the german system is the special court administration and the centralisation of almost all fields of law in one system. Thereby administrative judges in Hungary handle a much wider range of different cases because they also deal with financial law and summary offences. V. The european aspect of the exchange In Hungary as in Germany european law is a big aspect in the every day work of the judges because of the huge number of implemented EU directives. This leads to an assimilation of the different laws in the european countries. The Hungarian judicial system furthermore is affected by some regulations, which

4 had to be adopted for the entry of Hungary to the EU in 2004 to guarantee a certain standart in the law of the new member state. VI: The benefits of the exchange During the exchange I learned a lot about the Hungarian judicial system and about the work of judges in Hungary. Although the conditions in Hungarian courts (old buildings and equipment) are often not as good as in German courts, the work of the judges is very similar. The judges I met in Hungary were very nice and open so I could learn a lot about their personal experiences with the training of judges in hungary and with the work in the court. VII. Suggestions To make it easier for the participants to arrange the travel and accomodation I would suggest to send them a short information about the programme in the host country at a very early state of their preparations (about 3 month before the stay).

5 SUMMARY My exchange took place in November I spent the first week in Budapest and the second week in Szolnok. During those two weeks I learned a lot about the Hunagarian judicial system by meeting judges, attending court hearings and getting a presentation of the judicial system in the Hungarian Judicial Academy. I can recommend the exchange programme to everybody who is interested in getting an insight in another judicial system.

6 ANNEX GUIDELINES FOR DRAFTING THE REPORT I- Programme of the exchange Institutions you have visited, hearings, seminars/conferences you have attended, judges/prosecutors and other judicial staff you have met The aim here is not to detail each of the activities but to give an overview of the contents of the exchange. If you have received a programme from the hosting institution, please provide a copy. II- The hosting institution Brief description of the hosting institution, its role within the court organisation of the host country, how it is functioning III- The law of the host country With regard to the activities you took part in during the exchange, please develop one aspect of the host country s national law that you were particularly interested in. IV- The comparative law aspect in your exchange What main similarities and differences could you observe between your own country and your host country in terms of organisation and judicial practice, substantial law..? Please develop. V- The European aspect of your exchange Did you have the opportunity to observe the implementation or references to Community instruments, the European Convention of Human Rights, judicial cooperation instruments? Please develop. VI- The benefits of the exchange What were the benefits of your exchange? How can these benefits be useful in your judicial practice? Do you think your colleagues could benefit of the knowledge you acquired during your exchange? How? VII- Suggestions In your opinion, what aspects of the Exchange Programme could be improved? How?

REPORT ON THE EXCHANGE AND SUMMARY

REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended