HUNGARY | inquiry into the judicial enforcement proceedings

The Hungarian Ombudsman has continuously inquired into complaints concerning cases of judicial enforcement and it has started proceedings ex officio as well. As a consequence of these, a proposal was made for a comprehensive review of the judicial enforcement system; however, this has not been accomplished so far.

In 2011 Máté Szabó, Commissioner for Fundamental Rights, concluded for example that the fees of the independent court bailiffs may be disproportionately high compared to the value of the case according to the provisions of the existing decree. A further recognition is that the independent judicial bailiffs’ fee calculation practice is not uniform. The ombudsman asked the Minister of Administration and Justice to review the bailiffs’ fee system in force.

In 2012 the Commissioner came to the conclusion that though the fee of the legal advisor, lawyer or notary acting in the enforcement proceeding was amended, the independent judicial bailiff’s fee remained unchanged. On his repeated initiative, the Commissioner for Fundamental Rights has not received any answer from the Minister of Administration and Justice.

The Commissioner also noted that his office regularly receives complaints because of the shortness of the customers’ service hours of the bailiffs. Clients complain that bailiffs are hard to reach, that they cannot inspect the documents and that they only receive answers for the petitions from the bailiffs after long time. In view of the above mentioned, the Commissioner for Fundamental Rights decided to start another comprehensive inquiry.

 

Source: OFFICE OF THE COMMISSIONER FOR FUNDAMENTAL RIGHTS OF HUNGARY

Share this site on Twitter Shara this site on Facebook Send the link to this site via E-Mail