The Most Important Decisions of the Constitutional Court of Hungary between the 15th of June and the 30th of September 2018

Abstract

During the examined period, the Constitutional Court (hereinafter: CCoH) delivered twenty-four decisions on the merits of the cases and it also made eighty-two rulings, mainly on the rejections of the admissibility of the petitions.
The decisions of the CCoH, respecting its competences and their contents, are the following. The CCoH, on the basis of Section 23 of Act n. CLI of 2011 on the Constitutional Court (hereinafter: ACC), in its Decision 12/2018 (IX. 4.) AB ruled on an a priori norm control and found the challenged regulation contrary to the Fundamental Law. Whilst, in its Decision 7/2018 (VII. 5.) AB, according to Section 24 of the ACC, the CCoH ruled on an a posteriori norm control and formulated a constitutional equirement. Regarding judicial initiatives based on Article 25 of the ACC, the CCoH declared omission on the part of the lawmaker in two of its decisions and declined the submissions in three other cases. The CCoH delivered the following decisions within its constitutional competences. In its Decision 10/2018 (VII. 18.) AB, on the basis of Section 26 (1) of the ACC, the CCoH found that the applied legal regulation in the judicial procedure was contrary to the Fundamental Law and annulled it. However, it declined another petition that had been submitted according to Section 26 (1) of the ACC. Moreover, the CCoH declined two petitions
that had requested the annulment of certain legal regulations in line with Section 26 (2) of the ACC. Regarding the so-called “full” or “genuine” constitutional complaint, based on Section 27 of the ACC, the CCoH annulled four judicial decisions, it once declared omission on the part of the lawmaker and in seven cases it declined the petitions on the merits of the cases. Finally, it shall be highlighted that in its Decision 9/2018 (VII. 9.) AB, the CCoH genuinely interpreted certain provisions of the Fundamental Law according to Section 36 of the ACC.