Constitutional Court of Hungary

Constitutional Court of Hungary. The Constitutional Court of Hungary is the supreme body for the protection of the Fundamental Law of Hungary, tasked with reviewing the constitutionality of legal norms. Established during the political transition from communism, it has played a pivotal role in shaping the country's rule of law and democratic framework. Its seat is in Budapest, operating independently from the ordinary court system led by the Kúria.

History

The court was formally created by an amendment to the Constitution of the Hungarian People's Republic in October 1989, with its first session held on January 1, 1990, following the first post-communist parliamentary elections. Its establishment was a cornerstone of the negotiations between the Hungarian Socialist Workers' Party and opposition groups like the Hungarian Democratic Forum during the peaceful transition. The early court, under its first president László Sólyom, gained a reputation for robust activism, often compared to the Bundesverfassungsgericht. Significant reforms to its structure and powers were enacted by the Fidesz-led government through the new Fundamental Law of Hungary, which took effect in 2012, altering its jurisdiction and appointment process.

Composition and appointment

The court consists of fifteen judges, each serving a single, non-renewable term of twelve years. Judges are elected by the National Assembly, requiring a two-thirds majority vote of lawmakers. Candidates are nominated by a parliamentary committee, a process that has been a focal point of political debate, especially since the supermajority victory of Fidesz–KDNP. The president of the court, currently Tamás Sulyok, is chosen from among the judges by their peers for a three-year term. This appointment system has drawn scrutiny from institutions like the European Commission and Venice Commission regarding judicial independence.

Jurisdiction and powers

Its primary competence is the abstract review of legislation, both pre- and post-promulgation, and the concrete review of laws as applied in specific cases. It also adjudicates constitutional complaints filed by individuals alleging a violation of their constitutional rights, and resolves conflicts between state organs and local governments. The court can also review the conformity of international treaties with the Fundamental Law prior to ratification. However, its powers to review state budget and tax laws were significantly curtailed by the 2010–2011 constitutional amendments, a move criticized by the European Parliament.

Key rulings and impact

In its early years, the court issued landmark decisions, such as invalidating capital punishment and striking down retroactive lustration laws. It played a key role in the bank nationalization cases and property restitution after the fall of the Eastern Bloc. More recently, it has ruled on matters concerning the Hungarian National Bank, the status of the Paks Nuclear Power Plant expansion, and amendments to the Higher Education Act affecting the Central European University. Its 2018 decision upholding the "Stop Soros" legislative package and its 2020 ruling on the state of emergency during the COVID-19 pandemic have been particularly consequential and controversial.

Relationship with other institutions

The court maintains a defined but sometimes tense relationship with the government and the National Assembly, especially when annulling legislation. Its interactions with the Kúria, Hungary's supreme judicial body, involve delineating the boundary between constitutional and ordinary judicial review. At the European level, its dialogues and conflicts with the Court of Justice of the European Union and the European Court of Human Rights have been significant, particularly regarding rulings on the EU's asylum policy, rule of law conditionality, and the implementation of judgments related to the Charter of Fundamental Rights of the European Union.

Category:Constitutional courts Category:National supreme courts Category:Government of Hungary Category:1989 establishments in Hungary