Legal Certainty in Hungary, or a Lawyer's Wish List
In short
Legal certainty is not an abstract concept, but something I run into as a lawyer day after day. When someone asks what is wrong with the Hungarian legal system, I usually highlight four problems. Governing by decree, the state of judicial independence, the irregularities of the enforcement profession, and the stalling of the land registry. In this article I take these four areas one by one, in plain language, so you can see why they affect you too in everyday life
Why Does Legal Certainty Matter in Everyday Life?
Legal certainty may sound abstract, yet it is about the most ordinary things. About whether the law is predictable, whether people can rely on state registers, and whether, after winning a lawsuit, someone actually gets what they are owed. As a lawyer, these are exactly the questions I run into every day.
In a healthy legal system, legal certainty is self-evident. You do not have to think about it, because it works. In Hungary, however, there are a few areas where this self-evidence falters, and it is not only lawyers who feel it, but ordinary people and businesses too. Let’s look at four examples.
Let me say in advance that this article is not a political statement. These are professional, legal problems that affect everyone, regardless of party allegiance, who signs a contract, buys property, or wins a lawsuit in this country.
The First Test of Legal Certainty, Governing by Decree
Let’s start with a less well-known but all the more important topic. For years we have been living under what is called a special legal order. This is not a metaphor, but a legal fact.
The special legal order is not a new invention, the Romans already knew it. In the event of war or a natural disaster, the government receives special authorization for a transitional period, and can override laws by decree. The emphasis is on the word transitional.
The trouble begins when the transitional state becomes lasting. According to the Fundamental Law, a state of emergency can be introduced for 30 days. But when this state persists for years, the center of gravity of lawmaking shifts from parliament toward government decrees. From the point of view of legal certainty, this is a serious problem.
Governing by decree is not an abstract matter. If you open the commentary to the Civil Code, page after page lists the amendments made by decree that have to be taken into account. For an entrepreneur or a private individual, it is almost impossible to keep up to date with what is currently in force. Instead of predictable law, what remains is a legislative labyrinth, and this affects everyone who signs a contract or runs a business.
Legal Certainty and the Question of Judicial Independence
The independence of the courts may also seem abstract at first, yet it is one of the pillars of legal certainty. A judge can rule impartially only if they do not depend on anyone, on neither political nor economic power.
Why does this matter to you? Because if your case ever comes before a court, whether a corporate dispute or an inheritance lawsuit, you trust that the judge will decide solely on the basis of the law and the evidence. If the independence of the judiciary is compromised, it undermines trust in the entire administration of justice.
One key issue of judicial independence is that the most important judicial leadership positions should be filled by genuinely experienced, competent judges who have courtroom experience, and who are not selected on the basis of some external consideration. Judicial self-governance, meaning that the judiciary can decide on its own internal affairs, is the guarantee of this independence. Where this weakens, legal certainty weakens too.
Legal Certainty and Enforcement, When the Judgment Stays on Paper
The court enforcement officer is the one who puts judgments into practice. If someone wins a lawsuit but the other party does not pay, the enforcement officer compels performance. Without this, even the finest judgment remains mere paper.
This is exactly why, from the point of view of legal certainty, it is critical that the enforcement profession operate cleanly and competently. In recent years, however, it was precisely in this area that one of the most serious domestic corruption scandals came to light, the Schadl-Völner case, which deeply undermined trust in the system.
Instead of the details, I will focus on the lesson. If the shadow of suspicion falls on the organization responsible for enforcing judgments, it affects everyone who ever wins a lawsuit and wants to get their money. For a business enforcing a claim against a non-paying partner, this is a very tangible problem. Here, legal certainty means concrete money, whether or not someone actually gets the amount awarded to them.
The expectation is simple. Whoever passes the enforcement officer’s exam should be made an enforcement officer on the basis of their knowledge, and no shadow of suspicion should fall on the persons responsible for enforcing judgments.
Legal Certainty and the Stalling of the Land Registry
The fourth area is the land registry, which I have written about in a separate article before. The introduction of the electronic land registry, E-ING, is currently struggling with serious disruptions, and the registration of ownership can slip by months.
This is one of the most direct tests of legal certainty. Citizens have the right to expect the state to keep a reliable, up-to-date, and accessible register of properties. If someone buys a flat but their ownership is not registered for months, it causes real uncertainty. At present this reliability is not fully met, and it affects everyone who buys, sells, or inherits property.
Summary, No Miracle Is Needed, Just Predictable Functioning
These are the four areas I tend to mention when someone asks about the state of the Hungarian legal system. I do not expect a utopia, nor that everything will be perfect by tomorrow.
But I do expect the law to be predictable, the center of gravity of lawmaking to return to parliament, experienced judges to be placed at the head of the courts, enforcement to be clean and reliable, and state registers to function properly. These are not unrealistic expectations, but the minimums of a well-functioning rule of law.
The good news is that, as a lawyer, my job is precisely to guide you safely through this not always predictable terrain. As long as the system is imperfect, it is especially important to have someone who knows the pitfalls and represents your interests.
If you have a legal question, or you would like to have solid legal backing behind you in a specific matter, feel free to get in touch. Book a consultation, and together we will review your situation.