The Tasks of the Ministry of Justice in Connection with Legal Harmonization
The Tasks of the Ministry of Justice in Connection with Legal Harmonization
The Minister of Justice, under preparations for accession to the European Union, performs so-called horizontal tasks on the one hand, and is responsible – within its own sphere of competence and area of responsibilities – for the drafting and enactment of legal regulations within certain areas of law on the other hand. In compliance particularly with Sections 2-4 and Section 8 of Government Decree No. 157/1998 (IX.30.) on ‘The Areas of Responsibilities and Sphere of Competence of the Minister of Justice’, the minister of justice performs the following tasks in connection with the preparations for European integration:
I. The minister of justice (MoJ) coordinates the preparation of the Hungarian legal system for accession to the European Union. More specifically – with the involvement of the ministers concerned – the minister compiles the legal harmonization program preparing accession to the European Union, monitors and facilitates the execution of this program.
The comprehensive legal harmonization program was adopted by the government as the basis for the legal harmonization activities preparing the accession to the European Union. The first comprehensive review of Government Decree No. 2212/1999. (IX.30.) promulgating the legal harmonization program for the period up to the originally targeted date of accession, i.e., by 31 December 2001, took place in 1999, through the adoption of Government Decree No. 2280/1999. (XI.5.), considering the fact that the relevant Government Decree had to be reconciled with the commitments Hungary made during the enlargement negotiations and with the national program of adopting the EU’s acquis. At the same time, another comprehensive review of this program took place by adopting Government Decree No. 2140/2000. (VI.23.), considering that, as a result of the Helsinki summit of the Council of Europe, Hungary’s accession is theoretically possible only after 1 January 2003. Hungary will consider this one-year difference in the preparation period as a “reserve/surplus period”, and continues to plan preparations by 1 January 2002, so the alteration of the deadlines of certain tasks planned to be performed by 2001 at the latest can only take place if these task relate to major economic or other interests, or if they are specifically tied or closely related to membership, respectively.
The legal harmonization program must include all domestic legislative tasks whose execution is necessary for the benefit of adjustment to the European acquis communautaire, for the creation of the legal conditions of accession (before the accession, or simultaneously with the accession).
The function of the legal harmonization program continues to be the facilitation of the governance and development of legislative plans by identifying the tasks pertinent to the approximation of the European acquis communautaire. This program therefore needs to be entirely taken into account while developing the working and codification plans for the government.
II. The minister of justice (MoJ) monitors and promotes the execution of the legal harmonization program. In accordance with Government Decree No. 2212/1998. (IX.30.), the minister of justice – along with the minister of foreign affairs – submits a report to the government on the timely and scheduled execution of the legal harmonization program at least once a year. (The MoJ furthermore provides regular advice on these matters to the European Integration Affairs Committee of the Hungarian Parliament as well.)
The last report, which includes a summary of the execution and an evaluation of the tasks set for the year 1999 took place in February 2000. The report stated that, along with legal harmonization tasks accomplished and achievements made (which were appreciated in the annual country report prepared by the Council of Europe), there were some shortcomings in certain areas (freedom of movement of goods, agriculture, transport policy, welfare policy, and environmental protection)
The ministers and the heads of agencies with national scopes of authority are responsible within their own respective spheres of competence and responsibilities for the execution of tasks stemming from European integration, for the coordination and management of their professional relationships related to integration. Accordingly, we must ensure the required organizational, structural, and personnel conditions, we need to facilitate the process of integration by establishing and operating organizational units dealing with the European integration, and based on the peculiarities of the respective ministries. [This is included in Subsection 2 of Government Resolution No. 1093/1994. (X.7.), amended several times, on ‘The System of Responsibilities and Coordination of Governmental Tasks related to European Integration’, and it also follows from the statute decrees issued by the ministers.]
In view of the arrears in the execution of tasks, the MoJ and the minister of foreign affairs believed urgent measures were necessary in order to eliminate them as soon as possible, furthermore in order to possibly prevent arrears from occurring in the legal harmonization activities in the future. Accordingly, the Government issued Resolution No. 2040/2000 (III.8.) entitled “After the Helsinki Summit of the Council of Europe”, on the current standing of the accession process and major tasks related to its promotion, furthermore it issued Government Resolution No. 3008/2000. (II.2.) under the same title. These Decisions target the following in particular:
– The ministries must prepare a detailed plan on the execution of tasks scheduled for 2000 and 2001, which they have to forward to the minister of foreign affairs and the minister of justice. (On the basis of the detailed “internal” working plans, it is possible to verify whether the given draft or bill was indeed submitted for administrative coordination during the scheduled month. If not, the minister of justice and the minister of foreign affairs can take “timely” measures to promote the execution of the given task.)
– The minister of foreign affairs and the minister of justice, on the basis of the above - mentioned plans of the other ministries, also prepare quarterly evaluations on the interim execution of the commitments, and if necessary, they advise the Government about their findings. (Thus, the evaluation of the execution of the legal harmonization commitments in the future will not only take place annually but more frequently, which again facilitates the timely execution of the schedule. Preparations for the first such quarterly evaluation are underway.)
– During its sessions, the Government regularly deals with the current issues of accession to the European Union and with the accession-related tasks of the respective ministries.
– The Government has agreed that during the development of its semi-annual work plan and of its draft codification program it is necessary to give special emphasis to the implementation of the commitments made during the accession negotiations and to the execution of tasks stemming from the preparation for the accession. (Therefore responsibility for this will in the future not only lie with the minister heading the Prime Minister’s Office and with the minister of justice but also with the minister of foreign affairs.)
– Furthermore - in its referenced Resolution No. 3000 - the Government called upon the ministers concerned to perform their legislative tasks at ministerial order level for the years 1998 and 1999 in which they are behind, and to submit the draft bills to the Government before the set deadline.
In summary of the above, the measures are aimed at the following: a detailed schedule for better accountability; the regular discussion of the issues at the Government sessions; priorities given to legal harmonization in the Government’s working plan and program proposal; a call for eliminating arrears.
The task of the minister of justice is therefore essential on the one hand, (codification, legislative, estimating, etc.; in this regard it is similar to the tasks of other cabinet portfolios), on the other hand it is coordinating and organizing in nature (like the efforts of the Ministry of Foreign Affairs). Hand in hand with the Integration State Secretary’s Office of the Ministry of Foreign Affairs, the Ministry of Justice increasingly performs the latter task.
At the same time, the Ministry of Justice continues to place great emphasis on ensuring that the draft bills are reviewed in terms of compliance with the requirements of the European Community.
III. The minister of justice, within the framework of preparing the Hungarian legal system for accession, ensures the theoretical and methodological unity of the legal harmonization activities.
In view of this task, the Ministry prepared the Ministry of Justice Information Bulletin No. 8002/1999. (IX.10.) on the administration of matters related to legal harmonization, which was promulgated in the Justice Gazette and in the Hungarian Official Gazette in 1999. This Information Bulletin – in a generic approach – summarizes the key pieces of information required for the legal harmonization activities. Its function is primarily to provide guidance for the ministries, national agencies, and other government institutions on the execution of legal harmonization tasks. It deals with the international and domestic legal frameworks of these activities, with their constitutional and legislative requirements, their programming and methodology, and furthermore their procedural and formal rules. Upon request, the Department of European Acquis Communautaire of the Ministry of Justice furthermore provides assistance to the other ministries in resolving individual issues related to legal harmonization.
IV. The minister of justice provides expert opinions on the draft legal rules from the viewpoint of compatibility with those of the European Communities. The minister makes a statement of its opinion at the cabinet meeting and – if it becomes necessary in the case of a draft legal rule – at the session of the parliamentary committee concerned with regard to the subject matter of the draft legal rule. For the purpose of the execution of this task the minister makes a statement in connection with a draft legal rule or with a proposal aimed at the conclusion of an international agreement on whether the draft is compatible with the law of the European Communities. This Ministry of Justice basically performs this also through the Legal Department of European Acquis Communautaire.
V. The Ministry of Justice, in the legal areas within its own responsibilities, also prepares draft legal rules pertaining to legal harmonization.
These major areas of law are as follows: public acquisition, corporate law, intellectual property, competition law, consumer protection, civil law, data protection, regulations pertaining to jurisdiction, and justice cooperation.
With regard to the individual chapters of the accession negotiations, the Ministry of Justice is the number one agency responsible for the following chapters: corporate law (company law, intellectual property), competition policy (corporate competition law, exclusive and special rights and privileges), justice cooperation (if necessary through the contribution of the National Jurisdiction Council); and in the following chapters as a conjunct responsible agency: audio-visual policy (media law), consumer protection (civil law matters), institutions.
Within the sets of conditions of accession, improvement of the situation of the Gypsy population, the Romany issue (Office of National and Ethnic Minorities is supervised by the Ministry of Justice), furthermore the roll-back of corruption (anti-corruption program, penal policy and legislation), also improvement of the conditions of the state penitentiary system (supervision of the National Penitentiary Service) were formulated among the political criteria.
The Ministry of Justice has accomplished its codification tasks undertaken for 1999. and 2000. Legal harmonization within the area of responsibilities of the Ministry of Justice has progressed, the accomplishment of the outstanding legal harmonization tasks is basically planned for 2001.
The situation of the Romany and the prevention of corruption, also the implementation of effective jurisdiction (processing of arrears in pending cases, conclusion of procedures within a reasonable time-limit, etc.) continue to be emphatic and recurrent issues in connection with accession.
VI. At the enlargement negotiations – due to our so-called horizontal responsibility as well – the designated representative of the Ministry of Justice (head of the European Acquis Department) is a member of the Hungarian delegation. During the negotiations and also during the preparations for them, the representative of the Ministry of Justice vindicates the legal and legal harmonization aspects. Within the framework of the enlargement negotiations, the supplementary information required by the European Union needs to be worked out in agreement with the Minister of Justice.
The status of the negotiations of the issues falling within the responsibility and co-responsibility of the Ministry of Justice can be summed up as follows:
– the chapter on consumer protection has temporarily been closed;
– the chapter on corporate law and on competition policy has not been closed even temporarily, we have submitted supplementary information,
– the chapter on culture and audio-visual policy has not been closed even temporarily, its supplementary screening took place in February 2000, when we reviewed the draft bill on the amendment of the Act of Parliament on the Media with the intent of legal harmonization;
– we have opened the chapter on justice and home affairs cooperation, the required supplementary information has been prepared on the basis of the Joint Standpoint of the European Union;
– the opening of the chapter on the institutions becomes timely at a later date.
We have announced our temporary (substantive) need for regulation (derogation) in the area of corporate law (intellectual property). In this area (supplementary patent protection of medicinal products, data protection of registries) substantive negotiations have, as a matter of fact, begun.
VII. With regard also to the so-called horizontal responsibility of the Ministry of Justice the Department of Acquis Communautaire is preparing a proposal concerning the issues of accession to the European Union pertaining to the Hungarian legal system. The proposal was discussed by the Government at its cabinet meeting on 19 December 2000. In January 2001, the contents of the proposal have been submitted to a wider range of professional, academic and political forums for discussion.
The proposal analyses the following issues:
– basic principles determining the relationship between EU-law and member-state laws;
– general aspects of the relationship between the acquis communautaire and the national constitutions; constitutional amendment, the Treaty on Accession and the Act of Parliament promulgating the Treaty;
– general legal principles of the acquis communautaire, their effects on the legal system of the member-states;
– the role of the Constitutional Court, jurisdiction within fundamental rights;
– the effect of accession on the administration of justice; the assimilation and adjustment of the domestic political institutions to the decision making mechanisms in place within the European Union;
– the effect of the accession on the local governments
– other issues related to the accession;
VIII. Furthermore, the coordination of the translation of the laws of the European Communities into the Hungarian language also belongs to the tasks of the minister of justice. This task is performed by the translation-coordination unit under the professional supervision of the Department of the European Acquis Communautaire.
By having the European acquis translated into Hungarian, we are basically preparing for accession to the European Union. The aim and task is to have the acquis communautaire translated in the best possible quality before the accession actually happens in order to be able to publish them in a special Hungarian issue of the Official Gazette of the European Communities in an authentic Hungarian translation. The translations that have gone through all the required proofreading and authentication processes can be found on homepage of the Ministry of Justice.
IX. The translation and legal harmonization efforts of the Ministry of Justice are assisted by Phare programs as well. The financial resources stemming from the Phare programs have assisted in the systematic translation into Hungarian of the acquis communautaire on the one hand, and in the legal harmonization efforts, especially by providing funds for preparing studies and legal analyses.
All in all, these programs and their implementation can be evaluated as successful, although there have been difficulties along the way. The translation part of Phare program for 1996 was concluded in April 2000, while the legal analysis part was extended until September 2000. In connection with the new Phare program of 1998 (to be implemented in 2000 and 2001) it is worth highlighting that the establishment and enlargement of a so-called documentation center within the Ministry of Justice was granted support. The existing “documentation room” has been enlarged under the supervision of the Department of European Acquis Communautaire, and at the same time it became possible to establish an appropriate IT background for it. The availability of the documentation room for external visitors can be ensured in the year 2001.
Dr. Anita Németh
Crimes
Criminal acts adjudicated within public prosecution
Major types of reported criminal acts adjudicated on the basis of public prosecution
Breakdown of perpetrators convicted validly by a court of criminal justice, 1995
Perpetrators convicted validly (broken down according to the type of sentence)
Perpetrators convicted validly broken down acoording to the nature of sentence, 1996
Reported criminal acts falling under public prosecution
Criminal acts under public prosecution broken down into administrative areas, 1995
Number of persons serving their sentences in penitentiaries
Percentage of convicts with previous criminal record and of underage perpetrators among those convicted validly
Number of certain criminal acts (on the basis of the number of perpetrators convicted validly)
Percentage of those of all the perpetrators convicted validly whose act was related to consumption of alcohol*
Road accidents, involving injuries, caused by influence of alcohol, expressed in percentage of all road accidents
The outcome of the road accidents caused under the influence of alcoholic drinks (30 days after the accident)
The Hungarian Customs and Finance Guard’s Preparations for Hungary’s Integration with Europe
