Court System Of The Hungarian Republic
In the Hungarian Republic, justice is practiced by the so called ordinary courts, which are as follows:
- Kúria (High Court Of Justice)
- Table Courts
- District Courts, Administrative and Labour Courts
The procedure of the courts is ruled basically by the Civil Procedure Code and by the Criminal Procedure Code, but there are several other procedural rules in other acts and statutes.
Constitutional Court of the Hungarian Republic
The basic purpose of the Constitutional Court is to guarantee the predominance of the constitutional aspects in the state structure. It is not task of the Constitutional Court to decide single cases, therefore it is not part of the judiciary system. The Constitutional Court is a single sui generis institution with one instance. Main task of the Constitutional Court to investigate if the legal norms fit to the constitution [Article 32/A par. (1) of the Constitution]. The Constitutional Court abolish acts and other norms, if it finds, they are inconsistent with the Constitution [Article 32/A par. (2) of the Constitution]. The Constitutional Court doesn't practice justice.
Court of the European Communities - Luxembourg
The Court of the European Communities has a very important role in the european integration process. The Court has a determinant role in creating and developing the community law. The competence of the Court covers the classical functions of a constitutional court, in this correlation the Court decides about validity of the secondary community norms, and if they are conform with the treaties. The other important task of the Court is to strengthen, that the community law will be applicated uniform and fully throughout in the European Communities. This is strengthend by the Court through interpreting the treaties and the secondary legal norms. The judgements of the Court are part of the community law. This doesn't mean however, that these judgements would be precedents in a strict view. Though the Court generally follows it's own decisions, when needed, it can also freely depart from them. In cases like that, the Court simply ignores the case law made before.
Like the Counstitutional Court, the European Court of the Communities also doesn't fit in the judiciary system. The Court doesn't fit in the hierarchy of the courts of the member states, it is not the top of the judiciary system, it is not part of the judiciary system at all. The Court of the European Communities is also a sui generis organ, which is connected to the judiciary activity of the member state courts through the preliminary ruling process. The Court has the possibility to strengthen the uniform application of the community law throughout the Union through the preliminary ruling process.
European Court of Human Rights - Strasbourg
The European Court of Human Rights (ECHR) was established by the European Convention On Human Rights signed in Rome on the 4th of November 1950. The Convention was ratificated in Hungary by the Act Nr. XXXI. in the year 1993. Anybody can file application to the ECHR, whose rights, guaranteed by the Convention, were injured, and the injuria couldn't be redress by using all the remedies of the member state.