Constitutional Court of Hungary
The Constitutional Court of Hungary (Magyarország Alkotmánybírósága) is the highest court in Hungary and was established in 1989 . It is based in Budapest . The aim of the new institution was to promote the development of the rule of law, the constitutional order and the protection of fundamental rights .
history
The constitutional court was lifted by a parliamentary decision in January 1989 from the baptism. The scope and organization of the court were already determined in the course of the talks on the system change in 1989 and when the new Basic Law was discussed. In October 1989 the constitution was amended or supplemented with the basic provisions on the Constitutional Court (§32 / A).
The Hungarian Parliament passed Law No. XXXII of 1989 on the Constitutional Court on October 19, 1989. The Constitutional Court began its work on January 1, 1990 in Budapest.
Organization and procedure of the constitutional court
organization
The constitutional court is the highest organ of the protection of the constitution. Its task is to review the legality of the law, as well as to protect the constitutional order and the fundamental rights guaranteed in the constitution. The constitution only contains a few basic provisions about the constitutional court, but it does not regulate its organization, but provides for an independent law. According to the constitution, two thirds of the votes of the members of parliament present are required for the adoption of the law on the organization and function of the constitutional court. The Constitutional Court has its own budget, so it is not part of the judicial organization. The draft budget is drawn up by the Constitutional Court itself and submitted to Parliament for approval as part of the state budget. The former eleven constitutional judges are elected by the Hungarian parliament. The constitutional judges elect the president and the vice-president from among their number, who have a coordination and representation task. Their term of office is three years. As of January 1, 2012, due to the new Hungarian constitution, there will be 15 constitutional judges with a term of twelve years, the president will then no longer be elected by the constitutional judges themselves, but also by parliament. According to the law on the Constitutional Court, the seat of the body is the city of Esztergom . However, since the necessary functional conditions were not given there, the Constitutional Court has been working in Budapest since its foundation.
Procedure
The decisions of the Constitutional Court are binding and incontestable for everyone. The plenary session, which includes all judges, decides on the constitutionality of laws, while three-member councils generally decide on the constitutionality of government regulations and lower legal rules. Since 2013, the Constitutional Court has no longer examined constitutional amendments and amendments in terms of content, but only in terms of procedural law.
The resolutions are passed with a majority of the word. Of the decisions of the Constitutional Court, those are published in the Hungarian Official Gazette (Magyar Közlöny) that invalidate a legal rule or interpret a constitutional provision.
Members of the Constitutional Court
General
The Hungarian Constitution provides that the members of the Constitutional Court are elected by Parliament and that Parliament determines the rules of election . For the persons of the constitutional judges, a nomination committee, which consists of one member of each parliamentary group, makes a proposal, for the acceptance of which at least two thirds of the votes of the deputies are required. The professional requirements are achieved in that only lawyers with exceptional theoretical knowledge or with professional practice of at least twenty years can be elected as members of the Constitutional Court. The term of office is usually 12 years. However, the judge's office must be handed over at the age of 70.
President of the Constitutional Court
| President | |||||
| Surname | Start of term of office | End of term | |||
|---|---|---|---|---|---|
| 1 | László Sólyom (1942) | 1990 | 1998 | ||
| 2 | János Németh (1933) | 1998 | 2003 | ||
| 3 | András Holló (1943) | 2003 | 2005 | ||
| 4th | Mihály Bihari (1943) | 2005 | 2008 | ||
| 5 | Péter Paczolay (1956) | 2008 | in office | ||
Current members
- Elemér Balogh (1958)
- István Balsai (1947)
- Egon Dienes-Oehm (1945)
- Imre Juhász (1963)
- László Kiss (1951)
- Barnabás Lenkovics (1950)
- Miklós Lévay (1954)
- Péter Paczolay (1956)
- Béla Pokol (1950)
- László Salamon (1947)
- István Stumpf (1957)
- Tamás Sulyok (1956)
- Péter Szalay (1960)
- Mária Szívós (1949)
- András Zs. Varga (1968)
Former members
- János Németh (1933) - June 1997 to July 2003
- László Sólyom (1942) - November 1989 to November 1998
- Árpád Erdei (1939) - March 1998 to March 2007
- Tamás Lábady (1944) - June 1990 to July 1999
- Attila Harmathy (1937) - December 1998 to April 2007
- István Bagi (1942) - June 1997 to June 2006
- Éva Tersztyánszky-Vasadi (1936) - June 1999 to February 2006
- János Strausz (1934) - December 1998 to December 2004
- Ottó Czúcz (1946) - December 1998 to May 2004
- Ödön Tersztyánszky (1929) - June 1990 to July 1999
- Imre Vörös (1944) - June 1990 to July 1999
- Antal Ádám (1930) - November 1989 to November 1998
- Géza Kilényi (1936) - November 1989 to November 1998
- János Zlinszky (1928) - November 1989 to March 1998
- András Szabó (1928) - July 1990 to February 1998
- Péter Schmidt (1926) - July 1990 to December 1996
- Pál Solt (1937) - November 1989 to June 1990
- Géza Herczegh (1928–2010) - July 1990 to May 1993
tasks
- Subsequent examination of the laws for unconstitutionality
- Prior examination of laws for constitutionality
- Examination of laws for violation of international law
- Determination of unconstitutionality through omission
- Assessment of constitutional complaints
- Resolving competence disputes
- Interpretation of the constitutional provisions
literature
- Florian Herbst: The Hungarian Constitutional Court - Legal Sources . In: Eastern European Law. Questions about legal developments in Central and Eastern Europe and the CIS countries . 53rd vol., H. 4-5, 2007, pp. 273-280.
Web links
- Constitutional Court website (in Hungarian / English / German / French)
Individual evidence
- ↑ Right-wing conservative majority curtail the rights of the highest court. sueddeutsche.de, March 11, 2013, accessed on October 14, 2014 and May 20, 2016
Coordinates: 47 ° 30 ′ 13.3 " N , 19 ° 2 ′ 11.4" E