Decision 16/2022 (III.2.) of the National Judicial Council
on the Code of Conduct for Judges and its adoption
Preamble
In Hungary, the judiciary fulfils its constitutional role through a transparent court system composed of independent judges of integrity.
The judicial profession imposes more stringent requirements on judges than the ethical standards generally accepted in society.
The purpose of the Code of Ethics for Judges is to provide guidance on the ethical standards to be followed by judges, the ethical requirements of the judicial profession, to assist judges in avoiding ethically risky behavior, and to protect judges who conduct themselves in a manner befitting their profession in order to enhance public confidence in the judiciary.
The Code of Ethics for Judges applies to judges appointed in Hungary.
Article 1
Independence and impartiality
(1) The judge shall act free from any influence, pressure, threats or other interference in the course of their judicial activities, and shall apply the principle of equal treatment of the parties.
(2) In the course of their work, the judge avoids even the appearance of favouring anyone, and their actions and decisions are partisan or based on prejudice. He/she enjoys the freedom to decide cases independently, within the limits of substantive and procedural law, in accordance with their own conscience.
(3) The judge must refrain from unnecessary connections and influence with the legislative and executive branches, and this must be obvious to all.
Article 2
Conflict of interest
(1) The judge shall not engage in political activity and refrain from political statements in public. Judges may participate in public events organised within the framework of the law, but must take care not to give the appearance of political commitment.
(2) A judge shall receive only such awards, plaques, diplomas or other similar decorations which, having regard to the person or organisation giving the recognition and the award given, do not undermine the prestige of the judicial profession, its dignity and the appearance of independence, impartiality and freedom from influence.
Article 3
Dignity and equality
(1) The judge shall refrain from extremes in his conduct and appearance, shall avoid ostentation, shall at all times be of a dignified appearance, and shall refrain from any public manifestation which is unbecoming to the judicial office.
(2) A judge shall conduct his private relations and his leisure time in such a way that the dignity, impartiality or appearance of his profession is not compromised; his private calm, prudent and fair resolution of difficulties.
Article 4
Publicity, social media
(1) Judges shall exercise their rights to freedom of expression, freedom of conscience and religion, and freedom of assembly and association in such a way as to preserve the authority and dignity of the judiciary and public confidence in the impartial and independent functioning of the courts.
(2) Judges are also free to express their opinions on the law, the legal system and the administration of justice, and in particular to publish, lecture and teach.
(3) The judge uses the worldwide web with due care. They shall only share or classify information, audio and video recordings that do not undermine the authority and dignity of the judiciary and public confidence in the impartial and independent functioning of the courts.
Article 5
Care
(1) The judge shall endeavour to complete the case assigned to him/her in a targeted and reasonable timeframe, and shall carry out his/her work with professional dedication and commitment.
(2) The judge shall take care to ensure that the assets and resources of the court are used properly and economically.
(3) In their work and private life, the judge shall protect the environment and strive not to jeopardise the needs of future generations.
Article 6
Expertise
(1) The judge shall endeavour to develop the knowledge, skills and abilities necessary for the performance of his/her judicial duties, and to this end shall, in addition to continuous self- training, avail himself/herself of training opportunities organised primarily under the guidance of a judge.
(2) A judge shall undertake a non-judicial task provided that the performance of that task does not unduly overshadow the duties of the judicial office.
Article 7
Fairness
(1) In exercising his rights and fulfilling their duties, a judge shall act in accordance with the requirements of the fair and good faith exercise of justice.
(2) In their personal relations with the participants in the proceedings, the judge also avoids situations that could give the appearance of partiality.
Article 8
Respect, cooperation
(1) The judge shall respect the dignity of all persons and shall encourage their colleagues and all persons involved in the proceedings to do so in the exercise of their office.
(2) In the exercise of their duties, the judge shall seek to cooperate with the members of the authorities and of their fellow members of the judiciary and shall show courtesy based on mutual respect.
(3) The judge is patient and courteous in their proceedings, with the necessary firmness, refraining from making unjustified remarks and qualifications, and requiring everyone to show due respect to the court and to each other.
(4) The judge shall refrain from insulting lectures and from undermining the authority of the judge in his proceedings and decisions. He/she shall not criticise decisions taken by other judges beyond expressing his professional dissent. However, he/she may evaluate and comment on them in the exercise of their academic, teaching or other professional activities.
(5) The judge shall not use language that suggests an offensive distinction between the parties, and shall refrain from using language that is biased or condescending towards the parties.
Article 9
Heads of Court
(1) The head of the court shall perform his/her duties in an exemplary manner, in accordance with the ethical standards expected of his/her colleagues; he/she shall refrain from any behaviour that may offend the human dignity of his/her subordinates.
(2) In their administrative activities, the Head of the Court shall apply fair, consistent, equitable and equal standards to all their staff.
(3) The head of the court respects the professional autonomy of his/her colleagues and pays attention to their professional conduct.
(4) The head of the court shall refrain from expressing their own opinion as that of the judges of the department he or she heads and shall not otherwise abuse their right of representation.
(5) The head of the court shall refrain from expressing any opinion on matters covered by the service court procedure until the conclusion of the procedure, and shall take special care to protect the personal rights of the person concerned.
(6) The Head of the Court shall refrain from insulting the self-administration and representative body of the judiciary, from discriminating against its members and shall respect their legitimacy.
(7) The head of a judicial body shall refrain from any conduct that would discriminate against a member of a self-administrative or representative body of the judiciary, or would hinder or make impossible their activities, because of their membership of such a body or their activities in the interests of such a body.
(8) The head of the court shall support the self-administration and interest representation bodies of the judicial unit under his/her leadership, ensure their lawful functioning and the exercise of their rights.
(9) The head of a judicial body shall not call on, request or encourage a member of a judicial self-administration body, an interest group or a professional body to resign.
(10) The head of the court or tribunal shall not unnecessarily restrict the information rights of other heads of the court or tribunal below them.
(11) The head of the court will take all necessary measures to ensure that the ethical rules are respected by those under their authority.
(12) The ethics rules for court managers also apply to judges with administrative responsibilities.
Article 10
Members of judicial self-government and interest representation bodies
(1) The members of judicial self-government and interest representation bodies shall conduct themselves in a manner befitting their elected office.
(2) The members of the judicial self-government and interest representation bodies shall not use their office for the pursuit of an individual interest.
(3) Members of judicial self-government and interest representation bodies are also subject to the ethical requirements applicable to judicial leaders.
Article 11
Entry into force
The Code of Conduct for Judges shall enter into force on 15 July 2022.
Budapest, 2nd March 2022