Blog » BACK TO COURTROOM? NEW RULES IN CIVIL LITIGATION FROM 1ST JUNE 2020
BACK TO COURTROOM? NEW RULES IN CIVIL LITIGATION FROM 1ST JUNE 2020
03 June 2020
In the emergency situation due to COVID-19 the rules of the civil litigation were modified: the most important change was that courts did not held court hearings at all or only through electronic telecommunication channels. Because of the moderation of the epidemic, from 1st June 2020 the civil litigations can return to “normality” with a few slight changes. In our short article we summarize the new rules.
1. Will there be „courtroom hearings” again?
The biggest change in comparison with the rules effective from 31 March 2020 is that as a main rule court can hold court hearings in the „traditional” way, in the building of the courtroom with the presence of the parties.
In case the court has set an “electronical” court hearing for a date after 1st June 2020, based on the rules of the emergency situation, then the court will inform the parties about the venue of the hearing and will hold it in the court building.
However, if pandemic instructions justify, courts can still hold hearings through electronic telecommunication channels. For example, if the party whose presence would be necessary on the hearing, is under quarantine, the court will hold the hearing electronically.
Moreover, the court may exclude the public from the hearing if this is necessary in order to ensure epidemic instructions (e.g. social distancing).
2. What happens in the cases where the court proceeded based on the transitional rules?
Specific rules apply to those cases where the court proceeded based on the “emergency situation” rules effective from 31 March 2020.
If the parties have filed all statements in the case initiation stage in writing, then the court warns the parties, clauses the case initiation stage and sets the merit hearing. Nevertheless, if the parties have not filed all statements, then the court sets a case initiation hearing.
If the court warned the parties that he is in the position to decide the case and the parties have filed their submissions or the deadline elapsed without it, the court delivers the judgement without a court hearing.
3. How remedy procedures will work?
From 31 March 2020 the parties could not request the court to hold a hearing in their appeal or judicial review procedure.
In case the court informed the parties until 1st June 2020 that he will decide the case without a hearing, then the court will deliver the judgement in writing. However, if the parties mutually request a hearing then the court sets the appeal or judicial review hearing.
From 1st June 2020 in accordance with the “ordinary” rules, the parties can request the court to hold a hearing in their motion for appeal or judicial review.
Slowly the civil litigation procedures can go back to “normal”, but the new transitional rules provide the possibility to the courts to react to the epidemic related measures (e.g. quarantine or to ensure social distancing).
CAN THE EMPLOYER EXPAND THE EMPLOYEES’ DUTIES WITHOUT CHANGING THE JOB DESCRIPTION IN HUNGARY?
The position and tasks of the employee are one of the key elements of the employment contract and are typically recorded in the job description. It is often a matter of dispute between the parties whether the employer can unilaterally modify the job description at all, and if so, to what extent. In a recent court decision, a Hungarian appellate court addressed the above question in a situation where the employer supplemented the employee's tasks with new tasks similar to his existing tasks. In this article, we analyse the recent decision on this matter.Read more »
CAN A HARSH FACEBOOK COMMENT BE A LAWFUL GROUND FOR DISMISSAL IN HUNGARY?
Social media platforms significantly changed the ways how people express their opinions: sharing views became easier than ever. On the one hand, this is positive, but on the other hand, it is also dangerous in the employment context, as the employee's opinion may be prejudicial to the employer's interests. A recent decision of the Hungarian Supreme Court gives answer to the question whether the employer can dismiss the employee for expressing his opinion on Facebook.Read more »
NEW EU – US DATA PRIVACY FRAMEWORK - SIMPLIFIED DATA TRANSFER TO THE US
With the Schrems II judgment, which invalidated the Privacy Shield, the CJEU (Court of Justice of the European Union) make it more difficult to comply with the GDPR for companies transferring personal data from the EU to the US. However, the new EU-US Data Privacy Framework (or “Framework”) adopted on 10 July aims to put an end to this situation. But how does the Framework make data transfers between the EU and US easier? In this short article, we explain the basics of the new Framework and answer the above question.Read more »