Az Alkotmánybíróság 2017. április 1. és augusztus 31. között hozott döntései

Nagy, Gusztáv (2017) Az Alkotmánybíróság 2017. április 1. és augusztus 31. között hozott döntései. ACTA HUMANA: HUNGARIAN CENTRE FOR HUMAN RIGHTS PUBLICATIONS, 5. pp. 111-136. ISSN 0866-6628

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Abstract

The Constitutional Court (CC) made 157 decisions between 1 April and 31 August. From these 157 decisions, there were 38 that examined the petitions on the merits. The CC found legal provisions or ordinary court’s decisions unconstitutional in 8 cases. The CC made 2 decisions in posterior norm control, 18 in judicial initiatives for norm control in concrete cases, and 137 in constitutional complaints. Most of the constitutional complaints submitted to the CC (109 cases) were against judicial decisions. In Decision 7/2017. (IV. 18.) AB, the CC ruled on the petition of the Commissioner for Fundamental Rights, and found a local government decree unconstitutional. The reviewed local government decree banned the religious activities of muezzins, the wearing of burqa, chador, niqab, and any propaganda against traditional marriage. The CC stated that the rules relating to fundamental rights and obligations shall be laid down in Acts. This issue cannot be regulated in local government decrees according to Article I para. 1 of the Fundamental Law. For this reason, the CC found the local government decree unconstitutional. In another case, the CC reviewed the new act on Judicial Enforcement. Provisions of the Act CVII of 2015 prescribed new criteria for bailiffs. According to the new act, bailiffs i.a. should obtain a law degree and can only serve for a specified period of time. This regulation was challenged by 40 complainants, but in Decision 3076/2017. (IV. 28.) AB, the CC rejected all constitutional complaints, and found the provisions to be in accordance with the Fundamental Law. In Decision 12/2017. (VI. 19.) AB, the CC ruled on the petition of the President of the Curia, and found the new provisions of the Act on the National Security Services unconstitutional. The reviewed and annulled provisions stated that professional judges can be subjects of national security check. The CC came to the conclusion that this regulation violated the principles of the separation of powers [Article C) para. 1.] and judicial independence (Article 26 para. 1.).

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