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Zsolt András Varga was elected by Parliament to lead the Mansion. The former constitutional judge, a member of the Venice Commission, will take office from January 2021 for nine years.
Zsolt András Varga was elected by Parliament to lead the Mansion. The former constitutional judge will assume the management of the Mansion from January 2021 for nine years in the hands of Péter Darák.
He is a Constitutional Judge since 2014
In September 2014, the Parliament elected András Zsolt Varga as a member of the Constitutional Court. He graduated from Eötvös Loránd University Faculty of Law in 1995. From 1995 to 2000, he worked in the office of Parliamentary Commissioner, from 1999 to 2000 as Secretary. From 2000 to 2006 and from 2010 to 2013 he was Deputy Attorney General, from 2006 to 2010 Honorary Attorney General, after 2013 Honorary Attorney General of the Attorney General of the Republic. He has been a Hungarian member of the Venice Commission of the Council of Europe since October 2013.
Since 2004 he has been a professor of constitutional law and administrative law in the Administrative Law Department of the Faculty of Law and Political Sciences of the PPKE, since June 2008 he has been the head of the department, and from 2013 to 2016 he is the dean of the faculty. He received his doctorate (PhD) in 2003 and his habilitation in 2010. In September 2012, he became a university professor. On October 16, 2020, he resigned his mandate as a constitutional judge because President János Áder had nominated him for the presidency of the Curia.
Cannot influence judgments
At the candidate’s hearing, Zsolt András Varga stressed that the Basic Law entrusts the task of legal unification to the Curia, and the responsibility for this cannot be transferred, divided or disseminated by the Curia. The responsibility of the legal unit should lie both within and outside the judiciary, he said. He added that the Curia can only fulfill this task if it maintains constant, substantive and genuine communication within the court. The candidate also mentioned that It is “infinitely important” as president of the Mansion to separate professional and administrative duties, whether we “manifest in a gown or not.”
As he said, as president of the Curia he performs an administrative function and cannot influence the adjudication, and as an adjudicating judge, his position is one of the positions of the other judges involved in decision-making. He pointed out that judicial independence is a personal trait and a personal duty of every judge, and political influence is easy to resist because it is illegal. He stressed that the president of the Curia has very little influence on individual convictions, and that is true. It is not the president who has the Curia, but the president of the Curia he pointed.
“I will have a personal opinion in the future”
András Zsolt Varga also spoke about the fact that the Curia must comply with the constitution and the laws, but it is also its duty to apply the law of the European Union and international law. However, this does not dissolve, but confirms the unconditional attachment of the operation of the Mansion and the President of the Mansion to the Basic Law, he noted. As you said, the source and measure of a judge’s power is the Basic Law, so the Basic Law requires the judge to interpret the law in accordance with the Basic Law. At the same time, he noted, the Court of Justice of the European Union and the European Court of Human Rights, as well as the Constitutional Court, act as an “external force” of the judiciary.
It is necessary to take into account both fields of force, their balance, the so-called constitutional dialogue, is perhaps the greatest challenge of the next decade, not only in Hungary, but throughout Europe. he stated. And he added, “this is precisely the task that made it worthwhile for me to consider replacing the role of constitutional control over the Curia by the administrative leadership of the Curia,” that is, “in place of increasingly external criticism. convenient “, the most difficult task. He reiterated what had been said prior to his appointment as a constitutional judge that he had and will probably continue to have a personal opinion on various issues of public law, but that he must take an oath on the Basic Law of Hungary and not on his own scientific convictions if elected by Parliament.
Miklós Szánthó: András Varga Zsolt represents a sovereign position
The criticisms of András Zsolt Varga’s nomination for the presidency of the Curia are particularly unfair and, once again, point to the double standards that some people apply in Hungary in relation to public office: Miklós Szánthó said earlier. The director of the Center for Fundamental Rights highlighted that András Zsolt Varga is a lawyer with decades of practical and theoretical history, who is now under attack for representing a sovereign position on certain issues of public law. As he did when he explained in relation to the migrant quota, no EU decision that forced our country to tolerate mass immigration against its will is compatible with the Basic Law.
Miklós Szánthó noted: the candidate is a recognized investigator in administrative and constitutional law. Previously, he was Secretary of the Ombudsman’s Office, Dean of the Law School of the Pázmány Péter Catholic University and Deputy Attorney General for nine years, so it is silly to say that he has no managerial or judicial experience. “In addition, he has been a member of the Venice Committee, which has often been used as a reference for years,” added the director of the Center for Fundamental Rights, highlighting that it was a relevant judicial experience that.
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