Decisions of the Constitutional Court Between 1 February 2018 and 30 April 2018

Abstract

The Constitutional Court (CC) made 122 decisions between 1 February and 30 April 2018. From these 122 decisions, 23 examined the petitions on the merits. In 2 cases the CC found the ordinary court’s – namely, the Curia’s – decisions unconstitutional. The CC made 6 decisions in judicial initiatives for norm control in concrete cases, and 116 in constitutional
complaints. Most of the constitutional complaints submitted to the CC (89 cases) were against judicial decisions. 9 constitutional complaints were related to the 2018 Hungarian parliamentary election.

In Decision 3027/2018. (II. 6.) AB, the CC found the Curia’s interlocutory judgment unconstitutional, because this judgement was made in a reopened case, where the Curia failed to repeat the oral hearing part of the procedure, moreover, the new interlocutory judgment was remarkably identical with the previous one. Because of these reasons, the CC concluded that the Curia’s procedure did not meet the requirements of an impartial judicial process.

In Decision 3093/2018. (III. 26.) AB, the CC reviewed a ruling of the Curia about the suspension of the immunity of an independent candidate. The CC found that immunity is not a personal right of the candidate, rather it is created to protect the National Assembly itself. In case of candidates (not MPs) the National Election Office decides upon the suspension of the immunity, in the name of the National Assembly. The CC stated that this decision is not a judicial or other official decision, therefore the lack of legal remedy is not unconstitutional and the decision-making process is in line with the right to vote.

In another election-related decision – Decision 3130/2018. (IV. 19.) AB – the CC reviewed the regulation of election posters. In this case, the Curia ruled that the use of certain posters of the Fidesz–MPSz political party is unlawful because their imprints are hardly visible and they can be easily confused with the Hungarian Government’s public service announcements. The CC disagreed with the Curia’s interpretation and stated that the Act on Electoral Procedure does not contain any restrictions about the posters’ imprints, thus any election poster can be used in the election campaign period, as long as it is clear whose interests they serve.

In Decision 3/2018. (IV. 20.) AB, the CC declared an omission on the part of the law-maker that resulted in violating the Fundamental Law, because the Parliament failed to regulate the obligation of the Hungarian National Bank’s foundations to publicize information about financial supports given to certain private individuals from public funds.