HUNGARY Trends and Developments Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
PROVARIS Varga & Partners Central Palace 5th Floor H-1053 Budapest, Károlyi utca 9 Hungary Tel: +36 70 605 1000 Email: info@provaris.hu Web: www.provaris.hu/en/home/
The Most Recent Developments The landscape of Hungarian procedural law has largely been recodified over the past few years, and legislative activity in response, in particu- lar in response to issues that have come up in practice and reflecting the evolving case law on the newly codified procedural framework, is still ongoing. In addition to the general overhaul of the law of procedure, innovation continues to be on the agenda, with specific – also more tech- nical – aspects of the litigation process being addressed step by step. Significant modernisa- tion has taken place with respect to electronic litigation – the norm under the new Code of Civil Procedure in force as 2018. An Amendment Act (Act XVII of 2024) promulgated in the summer of 2024 has amended several acts of parliament concerning the judicial system of Hungary. Nota- bly, new provisions have also been introduced into the Code of Civil Procedure (Act CXXX of 2016) which took effect mid-2024. Drawing on court practice, the Ministry of Jus- tice has also issued a Draft Decree re-regulating attorneys’ fees recoverable in civil and adminis-
(called “ÁNYK”, an abbreviation for the “general form-filling” programme) has been replaced by a new electronic platform called iFORM, with a transitional period included for forms not yet available in iFORM. Submissions are filed together with electronic template covers – forms – that need to be filled with the particulars of the case. There are specific templates for different types of submissions (claims, appeals, etc). The modernised iFORM system simplifies filing while using enhanced security protocols. Court protocols While audiovisual “protocols” (ie, video record- ings) could previously be taken previously, this possibility was restricted to hearings on the merits. Having regard to Regulation 2023/2844 (EU), the possibility of taking video recordings has been extended to all procedural steps and can be ordered both upon party motion or ex officio by the court. Written extracts need to be issued subsequently. Virtual presence at court hearings An amendment to Regulation 2023/2844 (EU) makes it possible for participants to the proceed- ings (including parties, witnesses and experts) to be heard by the court virtually using electronic communication networks (eg, MSTeams, Skype or Zoom). In a case of this so-called “simplified presence”, no room is provided by the court, and
trative court proceedings. Continuing digitalisation
As of the summer of 2024, the electronic plat- form used by legal representatives for filling forms and the submission of briefs to courts
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