Legislation enacted in Hungary by Viktor Orban’s ruling Fidesz party threatens the independence of the judiciary and breaches European Convention rights to a fair trial, an independent legal body ruled this afternoon.

The legislation, unique to Hungary, allows former judge Mrs Tunde Hando, now president of the new National Judicial Office (NJO), to appoint, transfer and discipline judges. Hando, who will be in post for nine years, can also unilaterally select court presidents and decide the retirement age of judges. The legislation also removes the power of veto from the National Judicial Council, which it relegates to giving opinions.

The Venice Commission, the Council of Europe’s advisory body on promoting ‘democracy through law’, said this afternoon that the previous system of administering the judiciary required improvement, but the new law goes too far. A spokesman said: ‘The NJO president is elected without consulting members of the judiciary and is not accountable in a meaningful way unless in cases of violation of the law.’

The legislation must be revised if it is not to contradict ‘European standards’ for the independence of the judiciary and the right to a fair trial under article 6 of the European Convention on Human Rights, the spokesman said.

Dr Jozsef Szajer, MEP, a founding member of the Fidesz party and the lawyer credited with much of Hungary’s new constitution, said that Hando’s ‘judicial independence’ has never been questioned. He said: ‘She is not a politician, but a judge and has impartially heard thousands of cases. Her appointment will remove inefficiencies from the judiciary and cut costs.’

Szajer, who is married to Hando, pointed to Hungary’s own 1222 version of the Magna Carta, just seven years after Britain’s, as proof of the country’s commitment to the rule of law.

The Hungarian government - led by Orban (pictured) - has told the Venice Commission that it intends to amend the judiciary acts in parliament, but has not yet released details.