Hungary defends justice reforms as EU-compatible

(BUDAPEST) - The Hungarian government on Friday defended as compatible with EU principles its constitutional changes after they were sharply criticised by EU justice commissioner Viviane Reding.

"The newly adopted legislation complies in every aspect with fundamental EU and international principles and requirements governing the judiciary," a December 12 letter from Justice Minister Tibor Navracsics to Reding says.

In EU member states, "determining the organisational structure of the judiciary forms part of national sovereignty.... Member states have the right to freely shape their own judicial systems and adopt national legislation laying the foundation thereof."

In April, Hungary's centre-right dominated parliament adopted a new constitution entering into force on January 1 which called for the overhaul of the judiciary.

Some of the new laws on the judiciary as well as measures in the constitution "raise serious concerns from an EU law perspective," the EU justice commissioner said in an earlier letter.

Hungary's reply was accompanied by a 20-page detailed annex, posted on the ministry's website in English.

The annex said new rules which remove judges from office at the age of 62 had no bearing on their retirement age and concerned "just 274 judges".

It also dismissed fears that a newly created administrative body at the head of the judiciary would influence court decisions and restrict judges' independence by possessing wide-ranging powers including the appointment of chief judges and the channelling of court cases.

The Hungarian parliament Tuesday elected a friend of Prime Minister Viktor Orban to head the administrative body, sparking alarm from rights groups and the opposition. Tunde Hando will begin her nine-year term on January 1.

She is the wife of Jozsef Szajer, a deputy in the European Parliament from Orban's Fidesz party, who reportedly drafted the controversial new constitution.