EU Court rules against Hungary on judges’ age

The European Court of Justice has ruled that the radical lowering of the retirement age for Hungarian judges constitutes unjustified discrimination on grounds of age. The Hungarian Constitutional Court already deemed this law unconstitutional in July this year.

"That measure is not proportionate to the objectives pursued by the Hungarian legislature seeking to standardize the retirement age for the public-service professions and to establish a more balanced age structure in the area of the administration of justice," the European Court of Justice (ECJ) said in a statement.

Before December 31, 2011, judges, prosecutors and public notaries could stay in office in Hungary until the age of 70. According to legislation, passed by Prime Minister Viktor Orbán’s government majority in Parliament, as of 2012, people in these professions are forced to retire at the age of 62. The opposition claims this law is part of the ruling parties’ efforts to conquer the judicial arm of power by appointing new people sympathizing with the government mainly in replacement of the thus retiring judges.

The Hungarian Constitutional Court already deemed this law unconstitutional in July this year and several verdicts have been passed since by courts to reinstate judges to their positions. Upon the ECJ ruling, the Hungarian Ministry of Justice and Public Administration issued a short communiqué saying that it acknowledged the EU Court’s decision but it did not want to make further comments.