NCJ Number
61145
Editor(s)
J WEISNER
Date Published
1978
Length
21 pages
Annotation
PROCEDURES IN HUNGARY FOR INCREASING CITIZENS' ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DESCRIBED, EMPHASIZING APPROACHES CALCULATED TO REDUCE THE COSTS OF LITIGATION.
Abstract
THE COST OF RESOLVING CIVIL DISPUTES IS NOT HIGH IN HUNGARY, WITH THE FULL RANGE OF COURT COST ITEMS ASSESSED ONLY IN CERTAIN CASES, DEPENDING ON THE CHARACTER OF THE DISPUTE AND THE PARTY. FURTHER, MAXIMUM COST IS SET BY STATUTE. ALTHOUGH REPRESENTATION BY A LAWYER IS NOT COMPULSORY IN ANY CIVIL DISPUTE, ATTORNEYS ARE OFTEN USED, AND ASSISTANCE OF COURT-APPOINTED COUNSEL CAN BE REQUESTED BY A PARTY EXEMPTED FROM COURT EXPENSES. LEGAL ADVISERS DEAL WITH CASES INVOLVING SOCIALIST ORGANS (ENTERPRISES, COOPERATIVES, ETC.) AND ARE EITHER ON THE PAYROLL OR ARE MEMBERS. IN 1974, A CABINET DECREE PROVIDED FOR THE ORGANIZATION AND FUNCTIONING OF TRADE UNION LEGAL ASSISTANCE TO AID WORKERS WITH ALL TYPES OF LEGAL PROBLEMS. IN ADDITION, SEVERAL MECHANISMS CONFER COMPULSORY JURISDICTION ON GOVERNMENT-SPONSORED FORUMS FOR THE RESOLUTION OF CERTAIN CATEGORIES OF DISPUTES. THE PARTIES ARE NOT CHARGED, AND DECISIONS CAN BE APPEALED. VOLUNTARY OR CONSENSUAL SUBMISSION OF DISPUTES FOR ARBITRATION IN PRIVATE FORUMS IS ALSO ALLOWED IN CERTAIN LEGAL DISPUTES. HOWEVER, THE MOST IMPORTANT ORGAN FOR REPRESENTING COLLECTIVE AND PUBLIC INTERESTS IN THE JUDICIAL ARENA IS THE PUBLIC PROSECUTOR'S OFFICE. OTHER GOVERNMENT ORGANS CAN INITIATE CIVIL ACTIONS BEFORE THE COURTS IN THEIR AREAS OF CONCERN. FOOTNOTES ARE INCLUDED. (RCB)