Az Alkotmánybíróság 2017. szeptember 1. és október 31. között hozott döntései

Absztrakt

The Constitutional Court (CC) made 76 decisions between 1 September and 31 October. From these 76 decisions, 20 examined the petitions on the merits. In 5 cases the CC found legal provisions or ordinary court’s decisions unconstitutional. The CC made 2 decisions in posterior norm control, 9 in judicial initiatives for norm control in concrete cases, and 64 in constitutional complaints. Most of the constitutional complaints submitted to the CC (49 cases) were against judicial decisions. In this time period the CC ruled on petitions concerning the Act on social security pension benefits and many other legal provisions on agricultural and forestry land turnover, on the National Land Fund and on Natura 2000 sites. In Decision 21/2017. (IX. 11.) AB, the CC ruled on a judicial initiative for norm control and found provisions of a government decree unconstitutional, because they were contrary to the Act on social security pension benefits. The government decree was a lower level legal norm compared to the Act on social security pension benefits and granted a lower old-age pension than the Act. In Decision 24/2017. (X. 10.) AB the CC reviewed the Act CXXII of 2013 on agricultural and forestry land turnover and found some of its provisions unconstitutional for violating the right to succession (Fundamental Law Article XIII para 1). In this Decision the CC also declared an omission on the part of the law-maker that resulted in violating the Fundamental Law because the essential content of the legal regulation that can be derived from the Fundamental Law was incomplete. The CC declared omissions that resulted in violating the Fundamental Law in two more cases. In Decision 27/2017. (X. 25.) AB the CC stated that the regulation of the National Land Fund lacked the guarantees of keeping the Fund’s assets safe. In Decision 28/2017. (X. 25.) AB the CC pointed out that the rules of selling Natura 2000 sites could not provide adequate level of protection for the natural resources. In another case, the CC reviewed other aspects of the Act on social security pension benefits. According to the Act, the pension of public servants and government officials should be suspended if they continue to work after reaching the retirement age. The CC found these provisions to be in accordance with the right to property and the right to non-discrimination, thus rejected the petitions.