Az Alkotmánybíróság 2017. január 1. és március 31. között hozott döntései

Absztrakt

The Constitutional Court (CC) made 70 decisions between 1 January and 31 March. From these 70 decisions, there were 20 that examined the petitions on the merits. In 5 cases the CC found the decision of a body of law or a regular court unconstitutional. The CC made 1 decision in preliminary norm control, 1 in posterior norm control, 7 in judicial initiatives for norm control in concrete cases, and 60 in constitutional complaints. Most of the constitutional complaints submitted to the CC (50 cases) were against judicial decisions. In Decision 1/2017. (I. 17.) AB, the CC ruled on the petition of the President of the Republic, and found some provisions of the – adopted but not yet promulgated – Code of Administrative Court Procedure (CACP) unconstitutional. These provisions of the CACP had been adopted by a simple majority of the Members of Parliament, but they were found to be in collision with the Cardinal Act on the Organization and Administration of the Courts and with some other Cardinal Acts – which were adopted with the votes of two-thirds of the Members of Parliament present. In Decision 3/2017. (II. 21.) AB, the CC found the decision of the Curia unconstitutional. In this case a news site made recognizable photos of police officers while they were on duty, and the question was whether or not these photos can be published. The Curia ruled against the news site, and pointed out that the permission of the police officers is needed for the release of the photos, otherwise the right to privacy is violated. The CC ruled different: in its decision, the CC emphasized that until the picture is related to current events, and does not violate human dignity, it is protected by the freedom of the press, so it can be published. In another case, the CC reviewed the Curia’s decision about the status of a private road. The National Transport Authority and the Curia stated that the private road in question is opened to public traffic, even though the estate records were outdated and the Act on Road Traffic was unclear on this specific  issue. The owners of the private road submitted a constitutional complaint to the CC, and in Decision 3012/2017. (II. 8.) AB, the CC found the Curia’s decision unconstitutional, because the Curia had not given adequate explanation
– based on the circumstances of the case and the law applicable – why the private road is considered to be open to public traffic, and not closed from it. The CC held the Curia’s decision to be contrary to the right to property.