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Fist answers on questionnaire from Slovakia Array Imprimer Array
Vendredi, 10 Décembre 2010 11:16
Hungary is the first Eurodanube Member who answered the questions asked by Mr. Peter Molnár, President of Slovakian Chamber.

Here they are:

1 .   Is judicial officer in your country entitled to perform its activity in entire territory of the state or is his authority territorialy limited ? (if yes, please specify limitations)

The cases in progress in a specific judicial district are handled by the judicial officer having jurisdiction for the county in question; the cases in progress in Budapest and in Pest County are handled by the judicial officer having jurisdiction for Budapest and Pest County.

If an enforcement procedure initiated in a specific district involves the attachment of an immovable property, the judicial officer having jurisdiction for that district implements the procedure throughout the entire country.


2. Is it a right of creditor to choose a judicial officer who will be enforcing creditor´s claim or is it a court (or other state authority) who assign a case to a judicial officer for enforcement?

The court or body issuing the enforcement order conveys the enforcement order, to the judicial officer of jurisdiction by reference to the domicile or registered address of the judgment debtor, and to the judgment creditor.

3. Is judicial officer in your country entitled to enforce also tax claims of (i) state authorities and (ii) territorial self-administration authorities?  If yes, is judicial officer entitled to enforce these tax claims exclusively, or alongside of a state (or territorial self-administration) tax authority?

Yes, he is, however, not exclusively, but based on bilateral agreement between each authority and each judicial officer.

4. Is in your country as condition for appointment of judicial officer necessary to absolve successfully any kind of selection procedure?

Judicial officers are selected by way of tender.

In judicial districts with a majority of some national or ethnic minority, the candidate who has command of the language of such minority is preferred. The judicial officer who has been acting substitute in the judicial district in question is also given preferential treatment.

Tenders are announced by the Chamber. The Chamber interviews the candidates and makes its proposal for appointment.

The minister examines the applications of the first three candidates proposed by the chamber, based on which to make the final decision to fill the judicial officer's office.