Notification of the provision of cross-border judicial expert services

Requirements for the provision of cross-border services on an occasional basis by persons qualified to practise as judicial experts in their Member State.

Kulcsszavak: expert, EEA expert, EEA expert organisation, ad hoc expert, expert consultant, with the professional title obtained in the home Member State, under the professional title used in the home Member State, expert evidence

Service providers must submit a notification if they intend to pursue judicial expert activity  as a cross-border service.

The Minister of Justice, as the relevant authority responsible for recognition, shall be notified prior to judicial expert activities being initiated for the first time as a cross-border service.

 

The notification shall include:

 

If it is not the service provider who actually performs the activities, falling under the scope of cross-border provision of services and subject to the notification obligation, the data required by law shall be submitted in respect of the person who actually performs the activities.

The Department for Supervising Judicial Statutory Professional Bodies (Igazságügyi Köztestület Felügyeleti Főosztály) of the Ministry of Justice verifies compliance with the notification obligation.

 

The Department for Supervising Judicial Statutory Professional Bodies of the Ministry of Justice shall impose a fine where it establishes during inspections that service providers are providing activities that are subject to notification but have not been notified, or where service providers have not notified data changes that are subject to mandatory notification; and

In justified cases — on the basis of information obtained in the course of official proceedings or the requirement based on the general knowledge of the authority — the Department for Supervising Judicial Statutory Professional Bodies of the Ministry of Justice, upon receipt of the notification, shall verify whether the notification complies with the requirements stated by law as to its substance; and within eight days from the receipt of the notification, it shall:

 

  1. inform the applicant by sending a certificate when the notification meets the substantive requirements; or
  2. warn the service provider of the legal consequences of continuing the activity without notification, and point out the shortcomings of the notification if it does not comply with the substantive requirements.

 

The Department for Supervising Judicial Statutory Professional Bodies of the Ministry of Justice shall register the service provider within fifteen days from the day following receipt of the notification complying with the substantive requirements, unless it establishes in the course of its inspection that the service provider does not comply with the legal requirements to commence and continue the relevant activity.

The service provider’s notification shall be accompanied by the following documents:

The notification is free of charge.

Ministry of Justice, Department for Supervising Judicial Statutory Professional Bodies (Igazságügyi Köztestület Felügyeleti Főosztály)

 

Contact details

Tel: +36 (1) 896-3068

Fax: +36 (1) 795-0507

Email: iffo@im.gov.hu

Address: H-1055 Budapest, Kossuth tér 4.

Mailing address: H-1357 Budapest, Pf. 2.

Website

The website of the Hungarian Chamber of Judicial Experts is available here.

Information on judicial experts is available here.

The judicial experts register is available here.

 

Date prepared: 26 May 2020

 

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Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market

Act C of 2001 on the recognition of foreign certificates and degrees

Act LXXVI of 2009 on the general rules of the commencement and performance of service activities

Act XXIX of 2016 on judicial experts

Government Decree No 33/2008 of 21 February 2008 on the designation of authorities dealing with cases falling within the scope of Act C of 2001 on the recognition of foreign certificates and degrees as well as the list of services subject to declaration

CIKFO