Cecily Zamora
The Constitutional Court of Hungary, established in 1989, is responsible for determining the constitutionality of legal provisions. The Court is composed of eleven members who are elected by Parliament, and its main tasks include interpreting the Constitution, providing normative standards, supervising the constitutionality of laws, and determining negligence in violations of constitutionality. The Court's decisions are published in the Magyar Közlöny (Official Hungarian Gazette), and it plays a crucial role in ensuring the country's commitment to constitutional values and the rule of law.
| Characteristics | Values |
|---|---|
| Type of state | Democratic constitutional state |
| Type of government | Parliamentary republic |
| Legal system | Civil law system |
| Sources of law | Acts of Parliament, governmental and ministerial decrees, and decrees of local governments |
| Basic statute | Constitution |
| Highest legal norm | Fundamental Law |
| Constitutional Court established | 1989 |
| Constitutional Court functioning since | 1st January 1990 |
| Number of members of the Constitutional Court | 11 |
| Members of the Constitutional Court eligibility | Hungarian citizen with no criminal record, eligible to stand for parliamentary elections, with a law degree, between 45 and 70 years old, and with outstanding theoretical knowledge or 20 years of professional experience in law |
| Members of the Constitutional Court term length | 12 years |
| Constitutional Court powers | Interprets the Constitution, provides normative standards, supervises the constitutionality of laws, reconciles differences between international and domestic law, renders decisions on constitutional challenges, determines negligence in violations of constitutionality |
| Constitutional Court decisions published in | Magyar Közlöny (Official Hungarian Gazette) |
| Constitutional Court President's powers | Coordinate activities, contribute to uniform application of the law, convene and preside over plenary sessions, determine procedural rules and agenda, determine scheduling of cases, appoint rapporteur constitutional court judge, make recommendations for composition of panels, represent the Constitutional Court before Parliament and other organs |
| Amendment of the Constitution | Requires affirmative votes of two-thirds of Members of Parliament |
| President of Hungary term length | 5 years |
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What You'll Learn
The role of the Constitutional Court
The Constitutional Court of Hungary has been functioning since January 1, 1990, and is responsible for overseeing the constitutionality of legal provisions. The Court is made up of eleven members, who are elected by Parliament. To be elected, a candidate must be a Hungarian citizen with no criminal record, eligible to stand for parliamentary elections, possess a law degree, be between 45 and 70 years old, and have either outstanding theoretical knowledge in law or at least 20 years of professional legal experience. The term of office for members of the Court is twelve years.
The Court's main tasks include interpreting the Constitution, providing normative standards, supervising the constitutionality of laws, reconciling differences between international and domestic law, rendering decisions on constitutional challenges, and determining negligence in violations of constitutionality. The Court also has the power to annul any law or legal measure found to be unconstitutional, and to review concrete court verdicts with regard to fundamental rights.
In addition, the Court plays a role in the adoption of the Fundamental Law, or the Constitution. If the Court determines that the requirements for adoption, as outlined in Section 23/A, have not been met, the Fundamental Law or any amendments to it cannot be promulgated. Furthermore, the Court's decisions are published in the Magyar Közlöny (Official Hungarian Gazette), and it is chaired by a President who is responsible for coordinating the Court's activities, convening and presiding over plenary sessions, and representing the Court before Parliament and other organs.
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The President of Hungary
The President determines the date of elections, participates in decisions concerning particular states of law (such as declaring a state of war or emergency), convokes the National Assembly after elections, and can dissolve it. The President proposes the names of the Prime Minister, the President of the Curia, the Principal Public Prosecutor, and the Commissioner of Fundamental Rights. They are also the sole nominator of judges and the President of the Budget Council.
The Constitutional Court of Hungary has existed as an institution since 1989 and has been functioning since 1 January 1990. It is made up of eleven members, who are elected by Parliament. The Court oversees the constitutionality of legal provisions and interprets the Constitution. It provides normative standards and supervision over the constitutionality of laws, and it renders decisions on constitutional challenges. If a law is found to be unconstitutional, it is annulled by the Court.
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The Fundamental Law
Hungary is an independent, democratic, constitutional state with a civil law system. The country's constitution, The Fundamental Law of Hungary, was adopted by parliament on 18 April 2011, promulgated by the president a week later, and entered into force on 1 January 2012. It is Hungary's first constitution adopted within a democratic framework and following free elections. The Fundamental Law succeeded the 1949 Constitution, which was heavily amended in 1989 to purge its Communist character.
The Constitutional Court plays a crucial role in Hungary's legal system. Established in 1989, the Court interprets the Constitution, supervises the constitutionality of laws, and annuls any laws or legal measures found to be unconstitutional. The Court also reconciles differences between international and domestic law and ensures compliance with international law. The eleven members of the Court are elected by Parliament and serve twelve-year terms.
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The Hungarian Parliament
Hungary is a democratic constitutional state with a parliamentary republic form of government. The Hungarian Parliament, also known as the National Assembly, is the country's legislative body and has extensive law-making powers. It consists of 386 members, and the right of legislation is vested in this body.
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The country's transition to democracy
Hungary's transition to democracy was a gradual process that occurred over several decades, facing challenges and unexpected threats along the way. The country's history has been marked by various forms of governance, including the Hungarian Soviet Republic, which briefly existed in 1919, and the post-World War II communist regime.
In the 1950s and 1960s, Hungary experienced a wave of revolutions that contributed to the transition to democracy. The New Economic Mechanism (NEM), introduced in 1968, was a significant factor in the decline of Hungarian communism. While it initially sought to address economic issues through decentralisation and fixed prices, it eventually led to price hikes and widespread opposition. Despite these challenges, the NEM survived and contributed to economic reforms in Eastern Europe.
In the 1980s, Hungary began to suffer from inflation and increasing foreign debt, which had a detrimental impact on the living standards of its citizens. During this decade, the country achieved some lasting economic reforms and limited political liberalisation. However, major reforms occurred only after János Kádár was replaced as General Secretary of the Communist Party in May 1988. This shift in leadership led to the adoption of a "democracy package" by the Parliament, which included trade union pluralism, freedom of association, assembly, and the press, a new electoral law, and a radical revision of the constitution.
The year 1989 marked a pivotal moment in Hungary's transition to democracy, known as the "negotiated revolution." During this time, socialist Hungary eased travel restrictions to the west, leading to the removal of the barbed wire fence with Austria. This act allowed East Germans to escape to West Germany through Austria, reflecting Hungary's desire for independence from the Soviet satellite setup. In October 1989, a revised Constitution came into force, establishing Hungary as a parliamentary republic with a civil law system. The Constitutional Court, established by Act I of the Constitution, plays a crucial role in upholding the country's democracy by interpreting the Constitution and ensuring the constitutionality of legal provisions.
However, Hungary's democracy has faced challenges in recent years. The victory of Fidesz in the 2010 elections brought about a reversal in the country's democratic progress. Critics of Fidesz claim that the current Fundamental Law reflects the ideology of the ruling party, curtails the independence of institutions, and is rooted in a conservative Christian worldview. Additionally, there are concerns about the government's actions, such as campaigning against trade union leaders and narrowing the chances of smaller parties in local elections.
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Frequently asked questions
The Constitutional Court of Hungary determines if a law is constitutional.
The Constitutional Court is a body of eleven members who are elected by Parliament. The members are independent and subject only to the Fundamental Law and acts of Parliament.
Any Hungarian citizen with no criminal record and who has the right to stand as a candidate in parliamentary elections is eligible for election into the Constitutional Court if they have a law degree, are between 45 and 70 years old, and are an academic lawyer or have at least 20 years of professional legal experience.
The Constitutional Court interprets the Constitution, supervises the constitutionality of laws, reconciles differences between international and domestic law, renders decisions on constitutional challenges, and determines negligence in violations of constitutionality. The Court can also annul any law or legal measure found to be unconstitutional.
The President of the Constitutional Court coordinates the Court's activities, contributes to ensuring that the law is applied uniformly, and convenes and presides over plenary sessions. The plenary session of the Constitutional Court makes decisions, which are published in the Magyar Közlöny (Official Hungarian Gazette).
