Az Alkotmánybíróság döntései 2016. január 1. és február 12. között

Absztrakt

The Constitutional Court decided 27 cases beginning in January until 12 February, 2016. Only five of them were made by the full Court. Most of the cases were complaints by citizens against either a body of law, or a regular court’s decision, in 4 cases a regular judge appealed. In only 3 decisions did the CC find a body of law or a regular court’s decision unconstitutional (in 2 of these cases a regular judge applied). In one decision the CC found the new rules of lump sum damage award for unlawful dismissal in the Act on Government Officials of 2010. The amendment decreased the upper boundary of damages and ordered the court to apply the new rules in all the proceedings under way. According to the CC this rule is retrospective and unconstitutional (ex post facto law), because it is against the rule of law. The CC found a resolution for the unity of law accepted by the Hungarian supreme court (Kúria) unconstitutional for the same reason: the resolution ruled on the application of certain rules on taxes: (VAT, personal income tax and healthcare contribution). The interpretation of the Kúria was to apply this in proceedings under way – also in criminal cases. The CC found it unconstitutional in this latter relation. The CC decided cases concerning discrimination. One of them was about gender equality: the application of different entrance rules in a pub for women (free) and men (for a 1000 Ft drink coupon). A man brought a case against this practice in front of the Authority for Equal Treatment, which ruled the practice in question discriminative against men. The pub turned to the court, unsuccessfully, and then – appealing against the court’s decision – to the CC. The CC found the regular court’s decision (and therefore the Authority’s decision) in accordance with the constitution.