Alapjogi jogesetek – Alkotmánybíróság

Absztrakt

In 2013 the Constitutional Court delivered several important decisions concerning the interpretation of the Fundamental Law. It ruled that where a provision of the Fundamental Law is identical with that of the Constitution and the frames of interpretation do not call for a deviation from the previous practice, the Constitutional Court may invoke the statements elaborated in its previous rulings in order to interpret the Fundamental Law. In a case concerning the right of assembly the Constitutional Court, for the first time, overturned a court decision and it gave guidance for the courts in case the police – respecting an agreement on the use of public area – declare lack of competence as to the application for acquiescence. In two decisions the Constitutional Court made up constitutional guidance deriving from the principle of rule of law and the right to legal remedy concerning rules on tax treatment (legal status of the person obliged to pay tax). It dealt with the constitutional requirements deriving from the publicity of data of public interest in connection with access to reports containing data forming the base of decisions-making, and the constitutionality of the elimination of retirements granted before the age limit and the tasks of the police to accompany straggling, that is to say truant, children back to the schools. The Court gave opinion as to the dissolution of a representative body, the operation of which is in conflict with the Fundamental Law.