An Analysis of the Cost Structure of Judicial Enforcement Procedures in Hungary

Sőre, Zoltán (2025) An Analysis of the Cost Structure of Judicial Enforcement Procedures in Hungary. HUMÁN INNOVÁCIÓS SZEMLE, 16 (2). pp. 150-179. ISSN 2062-0292

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Abstract

This study offers a comprehensive legal and economic analysis of the cost structure of judicial enforcement procedures in Hungary, with particular emphasis on the delicate balance between the remuneration and liability of enforcement officers. My commitment to the topic was inspired by my personal experience of being convicted by the court responsible for conducting the enforcement in a manner that could only be remedied through a separate lawsuit after a protracted period. This incident illustrates the absurd situation that can emerge in the performance of a public duty: the remuneration of an enforcement officer neither keeps pace with changes in the prices of goods and services nor reflects prevailing inflation and wage trends, while at the same time their liability remains for the entire claim, in all cases. The study places particular emphasis on the irregularities identified in the reports of the Commissioner for Fundamental Rights (AJB-1876/2011,[1] AJB-4756/2012[2]), such as disproportionately high costs and a lack of legal certainty. The study examines the changes and effects of the decrees governing the fees of judicial enforcement officers (14/1994. (IX. 8.) IM; 35/2015. (XI. 10.) IM; 8/2021. (X. 29.) SZTFH) and reviews relevant judicial decisions that illuminate the challenges of legal practice. It employs legal, economic, and comparative methodologies, drawing on both national and international literature and analyzing the enforcement fee systems of neighbouring countries—Austria, Croatia, Serbia, Slovakia, Slovenia, and Romania. Particular attention is devoted to the relationship between enforcement officers’ remuneration and that of other legal professions, as well as its impact on debtors, compliance behavior, and the overall efficiency of enforcement. The research seeks to identify weaknesses in the current system and to formulate recommendations aimed at enhancing legal certainty and efficiency, while also taking into account economic rationality and lessons derived from international experience.

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