Constitutional Court of Hungary - Changes Made By The 2011 Constitution

Changes Made By The 2011 Constitution

According to Draft from 25. April 2011.

The Constitutional Court (Article 24.)

(1) The Constitutional Court shall be the main authority for constitutional protection.

(2) The Constitutional Court shall

a) review the constitutionality of laws adopted, but not yet published,

b) review at the request of a judge the constitutionality of legislation to be applied in an individual case,

c) on the basis of a constitutional complaint, review the constitutionality of legislation or a judicial decision applied in an individual case,

d) upon the initiative of the Government or one quarter of the Members of Parliament review the constitutionality of laws,

e) review the conflict of legislation with international treaties, and

f) perform other duties and authorities defined in the Constitution and in super majority laws.

(3) Acting pursuant to its jurisdiction in its competence under section b)-d) of paragraph (2), the Constitutional Court will annul laws and other legal norms, judicial decisions that it finds to be unconstitutional, pursuant to its jurisdiction under section e) of paragraph (2) annul laws or legal norms deemed to be in conflict with international treaties and will also rule on other issues set forth in super majority laws.

(4) Acting pursuant to its jurisdiction under section c)-d) of paragraph (2), the Constitutional Court shall review the constitutionality of laws on the State Budget and its implementation, on central taxes, fees and customs duties, pension and health care contributions, as well as on the content of the statues concerning uniform requirements on local taxes only if the petition refers exclusively to the right to life and human dignity, the right to the protection of personal data, the right to freedom of thought, conscience and religion or the right connected to the Hungarian citizenship, if the conditions defined for adopting and promulgating the law have not been met.

(5) The Constitutional Court is a body of 15 members, elected by Parliament for a period of twelve years by a two-third majority of the Members of Parliament. The Parliament will elect with a two-third majority of the Members of Parliament a President, with a mandate that lasts until the term of the judge’s mandate. Members of the Constitutional Court may not be members of a political party and may not engage in any political activities.

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