HUNGARY Trends and Developments Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
The Uniformity Complaint: A New Extraordinary Means of Recourse Aimed at Securing the Uniformity of Case Law An additional extraordinary means of recourse against decisions of the Kúria – that were ren - dered after 1 July 2020 and derogate from earlier precedents rendered by the Kúria after 1 Janu- ary 2012 – is the so-called uniformity complaint, the rules on which are included in the Act on the Organisation and Administration of Courts. A uniformity complaint may be filed against a decision of the Kúria derogating from an earlier precedent if: • the derogation has already been invoked in a request for revision but has not been elimi- nated by the Kúria or • the Kúria has derogated from a precedent without having initiated uniformity proceed- ings and without such derogation having been made by a lower court earlier. Uniformity complaints may be submitted within 30 days of receipt of the contested decision of the Kúria . Uniformity complaints have no auto- matic suspensive effect, but a stay of enforce- ment may be granted upon request. Interim measures may also be requested. Uniformity complaints are adjudicated by a spe- cial uniformity complaint council of the Kúria . The council consists of the president of the Kúria and 40 further judges: the vice presidents, the secretary general, the heads of the divisions, the vice heads and the presiding judges of the sen- ates. The divisions may determine in the case schedule that half-senates consisting of the president of the Kúria and 20 other judges shall proceed, with the first 20 judges (in alphabetical order) comprising one half-council and the sec- ond 20 judges comprising the other half-council.
binding second instance judgment by the Kúria (in Hungary revision is an extraordinary means of recourse by default available against final and binding second instance judgments available in the case of legal errors and derogations from precedents). If the Kúria itself intends to derogate from its ear- lier precedent, or if the Kúria intends to uphold a lower court’s decision derogating from a prec- edent, the Kúria shall initiate a so-called uniform- ity procedure in which a special, uniformity sen- ate of the Kúria renders a so-called uniformity decision on the question of law at hand. Accordingly, the adjudicating senate of the Kúria can: • either eliminate the derogation in the lower instance decision reviewed by it (by rendering a new decision itself or annulling the contest- ed decision and instructing the lower court to proceed anew and render a new decision following the precedent); or • refer the question to the uniformity council to be determined in a uniformity decision – uniformity decisions are promulgated in the Official Gazette and are binding upon all Hungarian courts. If a decision of an adjudicating senate of the Kúria derogates from an earlier precedent despite the above, any party may challenge the derogating decision of the Kúria by way of lodging a uniformity complaint, which is a new extraordinary means of recourse against deci- sions of the Kúria .
581 CHAMBERS.COM
Powered by FlippingBook