Az Alkotmánybíróság döntései

Absztrakt

This paper discusses the decisions of the Constitutional Court [CC] between 16 February and 15 April, 2015. Barnabás Lenkovics, the new president of the CC, started his term on 25 February. The CC passed 41 decisions, in 31 cases it denied jurisdiction (most of the cases were constitutional complaints). The CC found in one case an act of Parliament and in one case a decision of a regular court unconstitutional (the latter was a judgement on a local election). In one case it provided a constitutional interpretation for an act of Parliament. Decision 6/2015. (II. 25.) of the CC discussed the international rules and the Hungarian regulation on statelessness. According to the CC there is a contradiction between the Hungarian regulation and the international norms which led to the partial annulment of the definition of “stateless person” in the Hungarian act. According to the Hungarian definition a homeless person is someone residing in Hungary legally. According to the CC the requirement of residing “legally” contradicts the Convention relating to the Status of Stateless Persons (New York, 28 September, 1954.), Art. 1. The right to information was the central issue in Decision 3056/2015. (III. 31.). The petitioner, the ombudsman, argued that the restrictions on supplying anonymized data (court rulings) in certain procedures or at certain stages of specific procedures in Act on Civil Procedure (1952: III. tv., Pp.) are unconstitutional. The CC held that Pp. is not against the constitution and it stated that in certain cases it is “disproportionally difficult” to anonymize court rulings, so it is acceptable to deny a request for (public) information (ie. court rulings).