The European Court of Justice is examining a Hungarian piece of legislation on the retirement of judges that the country’s top court has already annulled, daily Magyar Hirlap said on Friday, citing an international lawyer.
The Luxembourg court may conclude that there has been a violation of law and rule that Hungary should remedy the situation the court deems unlawful, but cannot rule for the judges’ reappointment, Adam Gellert told the paper.
He said in connection with the appeal of more than 100 Hungarian judges at the at the European Court of Human Rights in Strasbourg that a decision there could only be expected within one or two years.
The paper said it learnt from court sources that out of the 231 judges affected by the new retirement law, 186 had already been reassigned to work after retirement, at their own request.
Hungary’s Constitutional Court axed a new law which set the retirement age of judges to the general retirement age of 62, on July 16 with retroactive effect to January 1 this year. On July 16, the court said that both the form and content of the law violated the constitutional requirement that judges be independent.
The annulled legislation lowered the retirement age of judges, prosecutors and notaries from 70 to the general retirement age of 62years, which, in effect, forced the departure of a large number of judges.