The court found that the Hungarian Supreme Court had improperly interfered with the case and took disciplinary action against the judge.
On Tuesday, the Supreme Court of the European Union attacked Hungary again on the rule of the law. It ruled that the Supreme Court of Hungary improperly interfered and penalized a lower court judge.
This decision touched on the topic of frictions between Brussels and Budapest. The European Court of Justice was asked whether Hungarian judges have the right to ask questions.
Tuesday’s ruling stems from a case in which a Swedish citizen was facing criminal proceedings in Hungary. The judge also considered whether or not the person had received proper translation services.
The judge overseeing the case asked the European Court of Justice to determine whether Hungary’s law on the matter complies with EU law. After the judge had asked the European Court of Justice to determine whether Hungary’s law on the matter complied with EU law, the Hungarian Supreme Court intervened and ruled that the issue did not have anything to do the settlement of the dispute. It declared the request illegal. The judge was then subject to discipline proceedings.
The Supreme Court issued a ruling and the judge of the lower court appealed to the European Court of Justice for its intervention.
In Tuesday’s ruling, the European Court of Justice rejected the logic of the Hungarian Supreme Court. It also stated that judges from lower courts would not be penalized for such actions.
The ruling stated that such procedures could prevent national courts from referencing pre-judgments, which could jeopardize uniform EU law application.
This decision is only the latest in a long battle between Brussels and Budapest over rule of law. The two sides have fought over many issues, including judicial independence and LGBTQ+ rights and refugee rights. Victor Orban, the Hungarian Prime minister, accused Brussels of interfering in Hungary’s internal politics and violating their national interests.
Recent weeks have seen an increase in deadlock.
Just last week, the European Union’s Supreme Court ruled that a controversial Hungarian legislation criminalized certain assistance for asylum seekers, which violated EU law.