Act on the CC

Act CLI of 2011
on the Constitutional Court

With a view to protecting democracy governed by the rule of law, constitutional order and the rights guaranteed in the Fundamental Law and to safeguard the internal consistency of the legal system, and enforcing the principle of the separation of powers Parliament has adopted the following Act implementing the Fundamental Law, pursuant to Article 24(9) thereof, on regulating the competence, organization and operation of the Constitutional Court as the supreme body for the protection of the Fundamental Law:

Chapter I
General Provisions, Legal Status and Organization of the Constitutional Court

1. Interpretive provisions

Section 1
For the purposes of this Act:
a) ‘specific case’ shall mean court proceedings having an affect on or determining the rights or obligations, legitimate interests or legal situation of a natural person, legal person or unincorporated organization;
b) ‘judge’ shall mean a judge, or a court secretary where a court secretary is permitted on the strength of law to exercise the powers of a single judge.

2. Legal status of the Constitutional Court

Section 2
The Constitutional Court shall be the supreme organ for the protection of the Fundamental Law.

Section 3
The Constitutional Court is seated in Budapest.

Section 4
The budget of the Constitutional Court shall represent a separate chapter within the structure of the central budget. The Constitutional Court shall compile the proposal for its budget and the report concerning the implementation of the budget on its own, and the Government shall present it – unaltered – to Parliament incorporated into the bill for the central budget and for the implementation thereof. The annual budget of the Constitutional Court shall not be less than the budget allocated in the central budget for the previous year.

3. Legal status of Members of the Constitutional Court

Section 5
Members of the Constitutional Court shall be independent and subject only to the Fundamental Law and acts of Parliament.

Section 6
(1) Any Hungarian citizen with no prior criminal record and who has the right to stand as a candidate in parliamentary elections shall be eligible for election into the Constitutional Court if he or she:
a) has a law degree;
b) is between forty-five years of age and seventy years of age; and
c) is an academic lawyer with outstanding theoretical knowledge [university professor or doctor of the Magyar Tudományos Akadémia (Hungarian Academy of Sciences)] or have at least twenty years of professional experience in the field of law.
(2) The professional experience in the field of law referred to in Subsection (1) shall be in a position for which a law degree is required.
(3) The term of office of Members of the Constitutional Court shall be twelve years. Members of the Constitutional Court may not be re-elected.
(4) Any person who was a member the Government, or held an executive office in any political party or held a senior political or professional office in the four years prior to election may not be elected as Member of the Constitutional Court.

Section 7
Members of the Constitutional Court shall be nominated by Parliament’s standing committee for constitutional issues.

Section 8
(1) If Parliament does not elect the candidate, the Parliament’s standing committee for constitutional issues shall make a new proposal during the same session, at the latest within fifteen days.
(2) Unless otherwise provided for in this Act, Parliament shall elect new Members of the Constitutional Court within ninety days prior to the expiry of the predecessor’s term of office. Members of the Constitutional Court shall take office on the day following the day when his or her predecessor’s mandate expired, or, if elected after the expiry of their predecessor’s term of office or if the mandate of their predecessor was extended, on the day specified in the decision on their election.

Section 9
Members of the Constitutional Court shall take an oath in front of Parliament before taking office.

Section 10
(1) The mandate of Members of the Constitutional Court shall be incompatible with any other state or local government, social, political or economic office or mandate, except for positions directly related to scientific activity or higher education, provided that such positions do not interfere with their work as Members of the Constitutional Court. Members of the Constitutional Court may not engage in any other gainful activities, with the exception of scientific, educational, artistic, lecturing and editorial activities, intellectual activities subject to copyright protection and the activities of registered foster carers.
(1a) A judge holding an office of Member of the Constitutional Court shall not constitute conflict of interest.
(2) Where a person elected as Member of the Constitutional Court is subject to a reason giving cause to conflict of interest, he or she shall eliminate such reason within ten days of taking office.
(3) Where any reason giving cause to conflict of interest arises in connection with a Member of the Constitutional Court in office, he or she shall eliminate such reason immediately.

Section 10/A

Section 11
(1) Members of the Constitutional Court shall submit a declaration of personal wealth within thirty days of the time of their election. The provisions governing the declarations of personal wealth of Members of Parliament shall apply to such declarations of personal wealth as well, subject to the derogations specified in this Act.
(2) Each member of the Constitutional Court shall enclose, together with his or her own declaration, the declaration of his or her spouse or domestic partner living in the same household, and his or her children (hereinafter referred to collectively as “family member”), subject to the same content requirements as those of Members of the Constitutional Court.
(3) Declarations of personal wealth, with the exception of those of family members, shall be considered public information, and the secretary general shall publish an exact copy thereof – excluding the personal data of family members – on the website of the Office of the Constitutional Court without delay. The declaration of personal wealth may be removed from the website after a period of one year following termination of the mandate of the Member of the Constitutional Court.
(4) The secretary general shall manage the declarations of personal wealth. The secretary general shall keep the declarations of personal wealth of former Constitutional Court Members and their family members for one year after the expiry of term of office of the Member of the Constitutional Court.

Section 12
Where any reason giving cause to conflict of interest as defined in Section 10 exists, the Member of the Constitutional Court affected shall not exercise the powers stemming from his or her office and shall receive no salary or remuneration from the time of the adoption of the Constitutional Court decision declaring the conflict of interest until it is eliminated, or in the event of non-compliance with the requirement to file a declaration of personal wealth as defined in Section 11, until fulfillment of such requirement.

Section 13
(1) Members of the Constitutional Court, with the exception of the President of the Constitutional Court (hereinafter referred to as “President”) shall be entitled to 130 per cent of the remuneration of the president of chamber of the Kúria (Curia) in the highest pay grade granted according to Act CLXII of 2011 on the Legal Status and Remuneration of Judges.
(1a) In addition to the remuneration provided for in Subsection (1), Members of the Constitutional Court, except for the President, shall be entitled to the same benefits as ministers.
(2) In terms of eligibility for social security benefits, during their term in office Members of the Constitutional Court shall be regarded insured as employed in public service relationship, and their remuneration shall be treated as income comprising part of the contribution base from activities other than self-employment. The duration of the mandate of Members of the Constitutional Court shall be recognized as spent in public service.
(3) Members of the Constitutional Court shall be entitled to forty working days of paid leave in each calendar year.

Section 14
(1) Members of the Constitutional Court shall not be held accountable before a court or any other authority for their actions in exercising the powers of the Constitutional Court during their term of office and subsequently, nor for any statement or opinion made in that context as defined in the Fundamental Law and in this Act, and no action may be brought against the Constitutional Court for such statements of fact or opinion before a court or any other authority. Such exemption, however, shall not apply to any misuse of information classified as top secret and strictly confidential, to defamation and slander, and to the civil liability of Members of the Constitutional Court.
(2) The exemption defined in Subsection (1) shall cover cases where the act of defamation concerns a person exercising public authority or a politically exposed person, and to slander if the Member of the Constitutional Court was unaware that the statement is false in substance.
(3) Taking a Member of the Constitutional Court into custody may only be ordered if he or she is caught in the act, and criminal proceedings or misdemeanor proceedings may only be instituted or conducted, and coercive measures in criminal proceedings may only be applied against them with the prior consent of the Constitutional Court.
(4) A motion to waive immunity shall be submitted before indictment to the President by the Prosecutor General, or by the court after indictment, and/or in cases of private prosecution or substitute private prosecution. The motion shall be submitted without delay if the Member of the Constitutional Court was caught in the act. In misdemeanor cases, a motion to waive immunity shall be submitted to the President by the Prosecutor General where so requested by the misdemeanor authority.
(5) Any decision made on the waiver of immunity shall apply only to the case for which the motion has been submitted.
(6) Members of the Constitutional Court may not renounce their immunity – with the exception of misdemeanor proceedings. This right shall be honored and respected by everyone.
(7) Members of the Constitutional Court shall report any violation of their immunity to the President without delay.

Section 15
(1) Constitutional Court membership shall terminate:
a)
b) upon expiry of the term of office.
(2) Constitutional Court membership shall also terminate:
a) upon death;
b) upon resignation;
c) upon declaration of the termination of office due to conflict of interest;
d) if the Constitutional Court Member is no longer eligible to stand as a candidate in parliamentary elections;
e) upon dismissal; or
f) by way of exclusion.
(3)
(4) If the mandate of a Member of the Constitutional Court is terminated by virtue of Subsection (2), the new Member of the Constitutional Court shall be appointed by Parliament within sixty days of the termination of the mandate of the former Member.
(5) If the mandate of two or more Members of the Constitutional Court is terminated or extended in succession, Parliament shall first appoint the successor of the Member whose mandate was terminated or extended first, or would be terminated first.

Section 16
(1) Members of the Constitutional Court shall communicate their resignation to the President of the Constitutional Court, and the President of the Constitutional Court shall communicate their resignation to the Speaker of Parliament in writing. A declaration of acceptance shall not be necessary in order for the resignation to take effect. For the resignation no justification is required, and the mandate shall terminate on the day of submission of the resignation.
(2) Where a Member of the Constitutional Court fails to fulfill the obligation set out in Subsections (2)-(3) of Section 10 by the time specified therein, the plenary session of the Constitutional Court shall declare conflict of interest by means of a formal decision. If the reason giving cause to conflict of interest is not eliminated within ten days of the Constitutional Court meeting identifying the conflict of interest, the plenary session of the Constitutional Court shall terminate the mandate of the Member of the Constitutional Court concerned by way of a formal decision.
(3) Mandate shall be terminated by way of dismissal of the Member of the Constitutional Court if unable to fulfill his or her vested responsibilities for reasons beyond his or her control.
(4) Membership shall be terminated by way of exclusion of any Member of the Constitutional Court who:
a) fails to perform his or her duties for reasons within his or her control, or
b) has become unworthy of his or her office,
and is therefore excluded by the plenary session of the Constitutional Court by way of formal decision.
(5) A Member of the Constitutional Court shall be excluded if he or she:
a) has committed an intentional criminal offense that is to be publicly prosecuted as established by final peremptory decision;
b) has not participated in the work of the Constitutional Court for one year for reasons within his or her control; or
c) deliberately declined to file a compulsory declaration of personal wealth, or has knowingly disclosed false data or information in the declaration.
(6) In the case of Paragraph b) of Subsection (1) of Section 15, the mandate of a Member of the Constitutional Court shall be declared terminated on the day of expiry of the Member’s term of office, and also in the cases under Paragraphs a)-b) of Subsection (2) of Section 15 by the President, and shall be announced at the plenary session. In the case of Paragraphs c)-f) of Subsection (2) of Section 15, the plenary session of the Constitutional Court shall make a decision, and it shall be published in the Magyar Közlöny (Official Hungarian Gazette).

4. The President and Vice President of the Constitutional Court

Section 17
(1) The President shall:
a) coordinate the activities of the Constitutional Court and contribute to ensure that the law is applied uniformly;
b) convene and preside over the plenary sessions of the Constitutional Court;
c) determine the procedural rules and the agenda of plenary sessions;
d) determine the scheduling of cases for the agenda of the Constitutional Court, including setting the dates for the hearing of cases;
e) appoint the rapporteur constitutional court judge;
f) make recommendations for the composition of panels, presiding constitutional court judges of panels and the formation of provisional panels;
g) represent the Constitutional Court before Parliament and other organs, and before the general public as well;
h) supervise the Office of the Constitutional Court;
i) make recommendation for the plenary session regarding the person for secretary general, appoint and dismiss the chief financial officer;
j) exercise employer’s rights over the public officials and other employees of the Office of the Constitutional Court;
k) take the necessary measures in case of any breach of the immunity of a Member of the Constitutional Court;
l) exercise the functions delegated upon him or her by the rules of procedure of the Constitutional Court.
(2) In respect of the Constitutional Court, having its own chapter in the central budget, the President shall function as the head of the body vested with chapter control powers.

Section 18
(1) The President’s mandate shall terminate:
a) upon the termination of his or her membership in the Constitutional Court;
b) upon resignation.
(2) The President shall communicate his or her resignation from office to the Speaker of Parliament in writing. A declaration of acceptance shall not be necessary in order for the resignation to take effect. For the resignation no justification is required, and the mandate shall terminate on the day of submission of the resignation. Resignation from the office of President shall not affect his or her membership in the Constitutional Court.

Section 19
(1) The President shall be entitled to the same benefits as the President of the Kúria (Curia) and to 120 per cent of the remuneration of the President of the Kúria.
(2)
(3) The President shall be entitled to presidential residence.
(4) The President shall be entitled to use two cars, for personal and for official business.
(5) The President shall be entitled to use a radio telephone and internet services, and shall have access to the restricted government communications network.
(6) The President shall have access to all healthcare services free of charge, by agreement between the service provider healthcare institution and the Constitutional Court Office.
(7) The President, and his or her spouse, domestic partner, child, parent, grandchild and the spouse of his or her child when on holiday together, shall have access to the Government Holiday Center for a fee. The fee charged shall cover the costs of accommodation, meals and holiday services.
(8) For the duration of official foreign assignment, the President shall be entitled to escort and to daily allowance and expense reimbursement applicable to leading political and trade officials.
(9) If the external travel takes place by scheduled commercial flight or train, the President shall be entitled to travel on first class or similar arrangement.
(10) When traveling to and from abroad, and when welcoming or escorting an official foreign delegation the President shall be entitled to use the airport concourse reserved for government officials.
(11) In the event of death of the President, his or her spouse, or in the absence thereof, domestic partner (hereinafter referred to collectively as “widow”) – or in the absence of a widow, the heir or heirs – shall be entitled according to the Civil Code to a lump-sum allowance equal to six months’ salary of the President.

Section 20
(1) The President shall be entitled to use a title referring to his or her presidential position after the termination of his or her mandate.
(2) Former presidents of the Constitutional Court shall continue to receive their monthly salary for six months after at least two years in office and if their mandate was terminated due to the end of the term of office or dismissal, and for three months if their mandate was terminated due to resignation, treated as income from activities other than self-employment.
(3) If the President’s mandate has terminated for any of the reasons defined in Subsection (2) after less than two years but more than one year in office, the President shall receive half of the payments indicated in Subsection (2).
(4) Former presidents of the Constitutional Court – if their membership in the Constitutional Court has also terminated – shall be entitled to the use of a car for personal reasons for two more years after the termination of their mandate, for up to thirty thousand kilometers a year.
(5) Former presidents of the Constitutional Court – if their membership in the Constitutional Court has also terminated – shall be entitled to a secretariat with two employees for two more years after the termination of their mandate.
(6) Former Presidents of the Constitutional Court shall not be entitled to the allowances listed in this Section until they comply with the obligation of declaration of personal wealth after the termination of their mandate.
(7) Former presidents of the Constitutional Court shall not be entitled to the entitlements and allowances listed in this Section if their mandate was terminated pursuant to Paragraph c) of f) of Subsection (2) of Section 15.

Section 21
(1) The President shall be assisted in his or her work by the Vice President.
(2) The Vice President shall be elected by the plenary session of the Constitutional Court from among the Members of the Constitutional Court on a recommendation by the President.
(3) The mandate of the Vice President shall terminate:
a) upon the new President taking office;
b) upon the termination of his or her membership in the Constitutional Court; or
c) upon resignation.
(4) The Vice President shall communicate his or her resignation from office to the President in writing. A declaration of acceptance shall not be necessary in order for the resignation to take effect. For the resignation no justification is required, and the mandate shall terminate on the day of submission of the resignation. Resignation from the office of Vice President shall not affect his or her membership in the Constitutional Court.
(5) If unavailable, the President shall be substituted by the Vice President exercising the powers of the President, and shall carry out all tasks assigned to him or her by the President. If the mandate of the President has terminated, the President’s powers shall be taken over by the Vice President, or, if the President and Vice President are both unavailable, the competences laid down in Paragraph b)-f) of Subsection (1) of Section 17 shall be exercised by the eldest Member of the Constitutional Court.

5. Organization of the Office of the Constitutional Court

Section 22
(1) The Office of the Constitutional Court shall function as the administrative body of the Constitutional Court, designated to handle organizational, operational, and administrative tasks and duties for the preparation of decisions.
(2) The secretary general shall head the Office of the Constitutional Court. The secretary general shall be elected by the plenary session on a recommendation by the President. The secretary general shall be entitled to remuneration in the upper remuneration limit of state secretaries for public administration according to Act CXXV of 2018 on Government Administration (hereinafter referred to as “AGA”), and to the same benefits as state secretaries for public administration.
(2a) Each calendar year the secretary general shall be entitled to twenty days extra vacation time of management personnel.
(3) The secretary general shall work under the direction of the President.
(4) The secretary general shall take an active role in the preparation of decisions of the Constitutional Court in accordance with the rules laid down in this Act and the Constitutional Court’s rules of procedure.
(5) The provisions of Act CVII of 2019 on Bodies of Special Legal Status and on the Legal Status of their Employees (hereinafter referred to as “Legal Status Act”) shall apply mutatis mutandis to the public officials and employees of the Office of the Constitutional Court. The President may render new public service relationships conditional upon educational attainment, qualification and/or previous experience.
(6) The rules regarding the organization and functioning of the Office of the Constitutional Court shall be laid down in the Organizational and Operational Regulations of the Constitutional Court.
(7) The tasks related to the budget, finances, management, operation, maintenance, car management and human resources policy of the Office of the Constitutional Court shall be performed by the department of financial management. The department of financial management shall be headed by the director of finance. The director of finance shall also function as the deputy head of the Office of the Constitutional Court. The director of finance shall be entitled to remuneration in the upper remuneration limit of deputy state secretaries according to the AGA, and to the same benefits as deputy state secretaries.
(8) Each calendar year the director of finance shall be entitled to twenty days extra vacation time of management personnel.
(9) Subsection (3) of Section 101 of the Legal Status Act may be applied to the director of finance subject to the derogations provided for in this Act.
(10) If the director of finance of the Constitutional Court Office is employed under Subsection (9) hereof, Subsection (1) of Section 117 of the Labor Code shall not apply.
(11) If the director of finance of the Constitutional Court Office is employed under Subsection (9) hereof, Sections 50 and 51 of the Legal Status Act and Subsection (2) of Section 3 of Act CLII of 2007 on the Obligation of Declaration of Personal Wealth shall apply mutatis mutandis.
5/A. Scholarships granted by the Constitutional Court

Section 22/A
In the interest of facilitating the obtaining of working experience or research experience by representatives of the legal profession in renowned foreign institutions, constitutional courts and other courts, for writing high quality scientific publications related to the judicial practice of the Constitutional Court, strengthening external professional relations and promoting the professional advancement of the Constitutional Court, as well as the dissemination of its judicial practice among Hungarian and international scholars, the Constitutional Court may set up scholarship programs. The funds to cover the scholarship program shall be separately appropriated in the budget of the Constitutional Court.

Chapter II
Procedures and Legal Consequences Falling Within the Powers and Responsibilities of the Constitutional Court

6. Ex ante review of compliance with the Fundamental Law (preliminary review)

Section 23
(1) Pursuant to Article 24(2)(a) of the Fundamental Law, the Constitutional Court shall review specific provisions of an act of Parliament adopted but not yet promulgated for the purpose of compliance with the Fundamental Law based on a petition containing a definitive request submitted by an authorized petitioner defined in Article 6(2) and (4) of the Fundamental Law.
(2) Based on the petition, the President shall take measures to put the case on the agenda at a time considered appropriate for reasons of compliance with the time limit prescribed under Article 6(6) and (8) of the Fundamental Law.
(3) The powers of the Constitutional Court – without prejudice to Subsection (1) – shall extend to the preliminary review of compliance with the Fundamental Law of international treaties or certain provisions thereof, and to the preliminary review of normative decisions adopted based on Article 5(7) of the Fundamental Law.
(4) Before an international treaty is recognized by the President of the Republic as binding, the President of the Republic, and/or if the international treaty is promulgated by government decree, before the international treaty is recognized as binding, the Government may request the Constitutional Court to carry out a preliminary review of the international treaty or any provision thereof for the purpose of compliance with the Fundamental Law.
(5) Based on a petition by the person who initiated the proposal for adopting the normative decision referred to in Subsection (3), or by the Government or the Speaker of Parliament, Parliament may request the Constitutional Court under the procedure defined in Article 6(2) of the Fundamental Law to carry out a preliminary review of that decision for the purpose of compliance with the Fundamental Law. In the examination of the normative decision referred to in Subsection (3), the provisions on the review of legislation shall apply to the proceedings and the legal consequences.
(6) The Constitutional Court shall rule on the motion provided for in Subsection (5) in priority, within thirty days at the latest. The Speaker of Parliament and its recorders shall sign the normative decision referred to in Subsection (3) only if the Constitutional Court did not find it contrary to the Fundamental Law.

Section 23/A
(1) Pursuant to Paragraph (3) of Article S) and Article 24(5) of the Fundamental Law, the Constitutional Court shall review compliance with procedural requirements set out in the Fundamental Law pertaining to the adoption and the promulgation of the Fundamental Law and any amendment thereof, adopted but not yet promulgated, based on a petition containing a definitive request submitted by an authorized petitioner defined in Paragraph (3) of Article S) and Article 24(5)(a) of the Fundamental Law.
(2) Based on the petition, the President shall take measures to put the case on the agenda at a time considered appropriate for reasons of compliance with the time limit prescribed under Article

24(6) of the Fundamental Law.

7. Ex post review of compliance with the Fundamental Law (ex post review)

Section 24
(1) Pursuant to Article 24(2)(e) of the Fundamental Law, the Constitutional Court shall review legislation for the purpose of compliance with the Fundamental Law.
(2) The Constitutional Court shall review legislation for the purpose of compliance with the Fundamental Law based on a petition containing a definitive request submitted by the Commissioner for Fundamental Rights if, in the opinion of the Commissioner for Fundamental Rights, the legislation is contrary to the Fundamental Law.
(3) There shall be no recourse to ex post review by the Constitutional Court if the petition pertains to the examination of a legislation or a provision thereof that has already been reviewed by the Constitutional Court as to merits, and the petitioner requests the declaration of unconstitutionality based on the same provision or principle (value) of the Fundamental Law and the same constitutional context that has already been reviewed (res judicata), except where a fundamental change of circumstances has occurred since the previous decision of the Constitutional Court.

Section 24/A
(1) Pursuant to Article 24(5) of the Fundamental Law, the Constitutional Court shall review the Fundamental Law based on a petition containing a definitive request submitted by a legitimate petitioner defined in Article 24(5)(b) of the Fundamental Law, or amendment to the Fundamental Law having regard to the procedural requirements set out in the Fundamental Law pertaining to the adoption and the promulgation thereof.
(2) Based on the petition, the President shall take measures to put the case on the agenda at a time considered appropriate for reasons of compliance with the time limit prescribed under Article 24(6) of the Fundamental Law.

8. Judicial initiative for specific review

Section 25
(1) If a judge, in determining a specific case in progress is bound to apply a legislation that he or she perceives to be contrary to the Fundamental Law, or which has already been declared contrary to the Fundamental Law by the Constitutional Court, the judge shall stay the judicial proceedings and, in accordance with Article 24(2)(b) of the Fundamental Law, submit a petition to the Constitutional Court for declaring that the legislation in question or any provision thereof is contrary to the Fundamental Law, and/or the exclusion of the application of the legislation that is contrary to the Fundamental Law.
(2) Based on the petition, the President shall take measures to put the case on the agenda at a time considered appropriate for reasons of compliance with the time limit prescribed under Article 24(2)(b) of the Fundamental Law.

9. Constitutional complaint

Section 26
(1) Pursuant to Article 24(2)(c) of the Fundamental Law a person or organization affected by a specific case may submit a constitutional complaint to the Constitutional Court if, in consequence of the application of legislation that was found contrary to the Fundamental Law
a) their rights guaranteed in the Fundamental Law were violated, and
b) the possibilities of seeking redress have already been exhausted or there is no legal remedy available.
(2) By way of derogation from Subsection (1), Constitutional Court proceedings may also be initiated under Article 24(2)(c) of the Fundamental Law in duly justified cases where:
a) impairment of a right occurred directly, without a judicial decision, stemming from the application of legislation that was found contrary to the Fundamental Law, and
b) there is no legal remedy available to repair the injury, or the petitioner has already exhausted all available remedies.
(3) The Prosecutor General may request the Constitutional Court to review a legislation responsible for the violation of rights guaranteed by the Fundamental Law for the purpose of compliance with the Fundamental Law, if the person concerned is unable to defend his or her rights by him or herself or if the violation of rights concern a larger group of people.

Section 27
(1) A person or organization affected by a specific case may submit a constitutional complaint to the Constitutional Court against a judicial decision found contrary to the Fundamental Law under Article 24(2)(d) of the Fundamental Law, if the decision on the merits of the case or the decision adopted in conclusion of the court proceedings:
a) violates the petitioner’s rights guaranteed by the Fundamental Law, and
b) the petitioner’s possibilities of seeking redress have already been exhausted or there is no legal remedy available.
(2) If the petitioner is a public authority, the provisions set out in Subsection (1) shall not apply.

Section 28
(1) In the proceedings for the review of a judicial decision specified in Section 27, the Constitutional Court may also conduct an investigation under Section 26 for determining compliance with the Fundamental Law.
(2) In proceedings instituted pursuant to Section 26, the Constitutional Court may also examine the constitutionality of a judicial decision.

Section 29
The Constitutional Court shall accept constitutional complaints if a conflict with the Fundamental Law significantly affects the judicial decision, or the case raises paramount constitutional issues.

Section 30
(1) Constitutional complaints shall be submitted in writing within sixty days of delivery of the contested decision, and, in cases defined in Subsection (2) of Section 26, within one hundred and eighty days of the entry into force of the legislation that is contrary to the Fundamental Law.
(2) If the decision is not delivered, the time-limit for submitting constitutional complaints shall be sixty days from the date of becoming aware of the decision or from the date of the violation of rights guaranteed by the Fundamental Law.
(3) The Constitutional Court may also rule on constitutional complaints submitted past the time limit on account of the petitioner’s inability to submit it in due time for reasons beyond his or her control, and the petitioner provides justification within fifteen days of the termination of the obstacle, accompanied by a petition considered admissible as to substance. The facts supporting the justification shall be substantiated by the petitioner in the petition.
(4) No Constitutional Court proceedings may be initiated one hundred and eighty days after the delivery of the decision, the violation of the right guaranteed by the Fundamental Law, and, in cases defined in Subsection (2) of Section 26, the date of entry into force of the legislation that is contrary to the Fundamental Law.
(5) The Constitutional Court shall rule on constitutional complaints within a reasonable time.

Section 31
(1) If the Constitutional Court has already ruled on compliance with the Fundamental Law of a specific legislation or statutory provision based on a constitutional complaint or judicial initiative, there shall be no recourse to lodging a constitutional complaint or judicial initiative for the purpose of determining compliance with the Fundamental Law with reference to the same legislation or statutory provision and the same right guaranteed by the Fundamental Law, and the same constitutional context if the circumstances have not changed fundamentally in the meantime.
(2) If the Constitutional Court has already ruled in a case on the conformity of a judicial decision with the Fundamental Law based on a constitutional complaint, no Constitutional Court proceedings may be initiated by the complainant affected in the same case with reference to the same legislation and/or statutory provision, the same right guaranteed by the Fundamental Law and the same constitutional context.

10. Examination of conflicts with international treaties

Section 32
(1) Pursuant to Article 24(2)(f) of the Fundamental Law, the Constitutional Court shall examine legislation upon request or ex officio in any of its proceedings.
(2) The proceedings may be requested by one quarter of the Members of Parliament, by the Government, the President of the Kúria (Curia), the Prosecutor General or the Commissioner for Fundamental Rights. Judges shall suspend judicial proceedings and initiate Constitutional Court proceedings if, in determining a specific case pending before it, they are bound to apply a legislation that is found to infringe upon an international treaty.

11. Examination of Parliament resolutions related to ordering referendum

Section 33
(1) Parliament resolutions ordering a referendum or denying the ordering of a binding referendum shall be reviewed by the Constitutional Court for the purpose of compliance with the Fundamental Law and of legality ordering or denying based a petition lodged by anyone within thirty days. The petition shall be received within fifteen days of the publication of Parliament resolution.
(2) In the proceedings described in Subsection (1), the Constitutional Court shall carry out an examination regarding the merits of the resolution if, between the authentication of the signature collection forms and the ordering of the referendum, the circumstances changed to a considerable degree in a manner that may materially affect the decision, and if said changes could not be taken into account by the Nemzeti Választási Bizottság (National Election Committee) or the Kúria (Curia) when making a decision on the authentication of the question or the decision on the review thereof.
(3) The Constitutional Court shall not examine such petitions as to merits in which the petitioner alleges constitutional concerns regarding the content of the referendum or the authentication. 11/A

Section 33/A

12. Opinion relevant to the dissolution of a representative council operating contrary to the Fundamental Law

Section 34
On the Government’s initiative, the Constitutional Court shall present an opinion in principle regarding the operation of representative councils of municipal governments and nationality governments contrary in terms of compliance with the Fundamental Law.
12/A. Opinion on the functioning of religious communities in terms of compliance with the Fundamental Law

Section 34/A
The Constitutional Court shall present an opinion in principle regarding the functioning of religious communities in terms of compliance with the Fundamental Law
a) on the Government’s initiative in the case of a listed church,
b) on a court initiative in the case of religious association, admitted church and registered church.
13. Removal of the President of the Republic from office

Section 35
(1) In accordance with Article 13 of the Fundamental Law, the Constitutional Court shall act in proceedings for the removal of the President of the Republic from office on the basis of a motion with detailed explanations of the reasons by Parliament resolution alleging deliberate infringement of the Fundamental Law or any other act in exercising the President’s official functions or for an intentional criminal offense.
(2) The Constitutional Court shall examine the legality of the motion and initiation of the impeachment proceedings. If the impeachment proceedings fail to meet the criteria laid down in Article 13(2) and/or (3) of the Fundamental Law, the Constitutional Court shall terminate the proceedings without an examination of the merits of the case.
(3) The Constitutional Court shall conduct the proceedings in priority.
(4) In addition to what is contained in Section 57, in the case of an examination as to merits in impeachment proceedings, the Constitutional Court may use means of evidence in accordance with the Code or Criminal Procedure and the Code of Civil Procedure, as applicable for the nature of the infringement. The Constitutional Court shall hear the President of the Republic.
(5) In exercising its competence specified in this Section, the Constitutional Court shall make a decision with the consent of two thirds of the plenary session members present.

14. Resolving conflicts of competence

Section 36
(1) If – with the exception of courts and administrative authorities – a conflict of competence arises between state organs or between public bodies and between public and self-government bodies, the body affected may request the Constitutional Court to resolve the conflict of competence based on the interpretation of the Fundamental Law.
(2) The Constitutional Court shall determine the body of competence in the dispute and appoint the body required to proceed.

Section 36/A
(1) Upon receipt of an appeal containing a definitive request, submitted by the party so authorized under Subsection (1) and/or (9) of Section 108/A of Act CLXI of 2011 on the Organization and Administration of the Courts, the Alkotmánybíróság (Constitutional Court) shall examine whether the obligor has complied with the provisions set out in Subsection (1) and/or (9) of Section 108/A of Act CLXI of 2011 on the Organization and Administration of the Courts.
(2) Based on the appeal, the president shall take measures to put the case on the agenda at a time considered appropriate for reasons of compliance with the time limit prescribed under Subsection (5) of Section 108/A of Act CLXI of 2011 on the Organization and Administration of the Courts.

Section 36/B
(1) In the case under Subsection (10) of Section 108/A of Act CLXI of 2011 on the Organization and Administration of the Courts, the Alkotmánybíróság (Constitutional Court) shall proceed upon receipt of an appeal containing a definitive request, submitted by the party so authorized.
(2) Based on the appeal, the president shall take measures to put the case on the agenda at a time considered appropriate for reasons of compliance with the time limit prescribed under Subsection (5) of Section 108/A of Act CLXI of 2011 on the Organization and Administration of the Courts.

15. Examination of municipal decrees, legal acts for the governance of public organizations and uniformity decisions

Section 37
(1) In exercising its competence defined in Sections 24-26, the Constitutional Court shall examine a municipal decree for the purpose of compliance with the Fundamental Law if the sole aim is to determine whether the municipal decree complies with the Fundamental Law, without deliberating whether the municipal decree is contrary to any other law.
(2) The Constitutional Court shall review legal acts for the governance of bodies governed by public law and uniformity decisions specified in Article 25(3) of the Fundamental Law for the purpose of compliance with the Fundamental Law or international treaties in ex post review procedures, specific review procedures opened upon judicial initiative, on the basis of constitutional complaint or in the case of examination of conflicts with international treaties. The provisions on the review of legislation shall also apply to petitioners, to the proceedings and the legal consequences.

16. Interpretation of the Fundamental Law

Section 38
(1) Where so requested by Parliament or its standing committee, the President of the Republic, the Government, or the Commissioner of the Fundamental Rights, the Constitutional Court shall provide an interpretation of a provisions of the Fundamental Law regarding a specific constitutional issue, provided that the interpretation can be inferred directly from the Fundamental Law.
(2) Where a specific constitutional issue arises in connection with the legal status, operation, powers and responsibilities of a public body, the Constitutional Court shall carry out the interpretation of the provisions of the Fundamental Law pursuant to Subsection (1) if the constitutional issue makes the operation, the execution of tasks and the exercise of powers and responsibilities in accordance with the Fundamental Law impossible, or if any interpretative ambiguity endangers legal certainty.

17. Legal consequences of the decisions of the Constitutional Court

Section 39
(1) Unless otherwise provided for in this Act, the decisions of the Constitutional Court apply to all.
(2) The decisions of the Constitutional Court may not be appealed.
(3) The Constitutional Court shall determine the applicable legal consequences within the framework of the Fundamental Law and this Act on its own accord.

Section 40
(1) Where a statutory provision or provisions of an Act is found contrary to the Fundamental Law by the Constitutional Court in the proceedings referred to in Section 23, that Act may not be promulgated.
(2) If the Constitutional Court conducts another examination under Article 6(8) of the Fundamental Law and finds the same statutory provision or provisions of an Act contrary to the fundamental law, it shall call upon the Parliament to exercise its legislative powers in accordance with the Fundamental Law.
(3) If the Constitutional Court finds, within the framework of the procedure specified in Section 23, a provision of an international treaty contrary to the Fundamental Law, the international treaty shall not be recognized as binding insofar as the States being parties to the international treaty in question or other subjects of international law vested with contractual capacity remedy such conflict with the Fundamental Law or – subject to reservations – until Hungary precludes the collision of the international treaty and the Fundamental Law, subject to certain conditions, provided that this is permitted by the international treaty or upon exercising another legal instrument recognized in international law.
(4) The Fundamental Law or any amendment to the Fundamental Law shall not be promulgated if the Constitutional Court determines, in the procedure referred to in Section 23/A, that the requirements of the Fundamental Law on the adoption were not met.
Section 41
(1) If the Constitutional Court finds a legislation in force or a statutory provision contrary to the fundamental law in the proceedings specified in Section 24 or Sections 25-26, it shall annul the legislation or statutory provision in question in whole or in part.
(1a) If the Constitutional Court finds in the proceedings specified in Section 24/A that the Fundamental Law or any amendment to the Fundamental law is contrary to the requirements on adoption and promulgation laid down in the Fundamental Law, it shall annul the Fundamental Law or its amendment.
(2) Subsection (1) hereof shall apply subject to the exceptions and conditions set out in Article 37(4) and (5) of the Fundamental Law.
(3) The Constitutional Court may declare a repealed legislation contrary to the Fundamental Law if the given legislation should still be applied in a specific case.
(4) The Constitutional Court, in its competence specified in Sections 33 and 33/A, shall uphold the Parliament’s resolution or shall annul the Parliament’s resolution and call upon Parliament to adopt a new resolution.

Section 42
(1) If the Constitutional Court finds a legislation contrary to an international treaty such that may not be in conflict in accordance with the Fundamental Law with the legislation promulgating the international treaty, it shall annul the legislation that is contrary to the international treaty in whole or in part.
(2) If the Constitutional Court finds a legislation contrary to an international treaty and the legislation promulgating the international treaty may not be in conflict with that legislation in accordance with the Fundamental Law, it shall call upon the Government and/or the legislator to resolve the conflict and take the necessary measures within the time limit prescribed upon weighing the relevant circumstances aiming to remedy the conflict.

Section 43
(1) If the Constitutional Court, in the proceedings specified in Section 27 and on the basis of a constitutional complaint finds a judicial decision contrary to the Fundamental Law, it shall annul the decision.
(2) As regards the procedural legal effects of the Constitutional Court ruling for the annulment of the judicial decision the provisions of acts laying down regulations for court proceedings shall apply.
(3) Where a judicial decision is annulled by the Constitutional Court, the ensuing court proceedings shall be conducted, where appropriate, according to the Constitutional Court ruling as to the constitutional issue.
(4) The Constitutional Court, when annulling a judicial decision, may also annul judicial decisions or the decisions of other authorities reviewed by the given ruling.

Section 44
(1) The Constitutional Court’s decisions on the annulment of the Fundamental Law, an amendment to the Fundamental Law, or a legislation, on the temporary suspension of the entry into force of a legislation, on the examination of Parliament’s resolution related to ordering referenda, on the removal from office of the President of the Republic and on its decision on the interpretation of the Fundamental Law shall be published in the Magyar Közlöny (Official Hungarian Gazette). The Constitutional Court may order the publication of its other decisions or rulings in the Magyar Közlöny as well. The decisions and rulings of the Constitutional Court shall be published in the official journal entitled Constitutional Court Decisions as well.
(2) The decisions of the Constitutional Court shall be accessible for all in digital format on the website of the Office of the Constitutional Court, without identification, without restrictions and free of charge. For the publication of decisions, the provisions of the Act on the Organization and Administration of Courts relating to the publicity of court decisions shall apply mutatis mutandis.

Section 45
(1) The annulled legislation or statutory provision shall cease to have effect on the day after the publication of the Constitutional Court’s ruling on annulment in the Magyar Közlöny (Official Hungarian Gazette) or the official journal entitled Constitutional Court Decisions, if it precedes publication in the Magyar Közlöny, and shall not be applicable from that day; a legislation which has been promulgated, but has not yet entered into force shall not enter into force.
(1a) In case of Article 24(6)(b) of the Fundamental Law the Constitutional Court shall annul the Fundamental Law or its amendment with retroactive effect as of the date of promulgation.
(2) If the Constitutional Court annuls a legislation applied in a specific case at judicial initiative or on the basis of a constitutional complaint, the annulled legislation shall not be applied in the case underlying the proceedings of the Constitutional Court.
(3) Apart from the case in Subsection (6), the annulment of a legislation shall not affect the legal relationships originating on the day or before the decision was published, nor the rights and obligations arising out of or in connection with legal relationships.
(4) The Constitutional Court may – in derogation from Subsections (1), (2) and (3) – rule to abolish a legislation that is contrary to the Fundamental Law or block the applicability of the annulled legislation in general, or in specific cases, if this is justified for the protection of the Fundamental Law and legal certainty, of a particularly important interest of the entity initiating the proceedings.
(5) The annulment of legislation shall not affect those judicial decisions that are based on the annulled legislation and cannot be or are not reviewed in Constitutional Court proceedings, except where otherwise provided by the Constitutional Court in its decision on the annulment.
(6) The Constitutional Court shall order the review of the criminal proceedings or misdemeanor proceedings concluded by final peremptory court decision or by definitive non-peremptory court ruling, or by decision of the public prosecutor’s office or investigating authority terminating the proceedings, that is not subject to further remedy, based on a legislation found contrary to the Fundamental Law, if the annulment of the applied legislation or statutory provision would imply in the reduction or waiver of the punishment or measure or in the exemption from or limitation of criminal or misdemeanor liability.
(7) In the review specified in Subsection (6), the provisions of the Act on Criminal Procedure and/or the Act on Misdemeanor Offenses shall apply.

Section 46
(1) If the Constitutional Court, in its proceedings conducted in the exercise of its competences, finds an omission on the part of the legislative body that culminates in a breach of the Fundamental Law, it shall call upon the infringing body to fulfill its responsibilities within the prescribed time limit.
(2) The following shall be considered as failure to exercise legislative powers:
a) failure to exercise legislative powers arising from an international treaty;
b) failure to adopt legislation in spite of express legal authorization for granting legislative powers; or
c) the essential content of the legislation derived from the Fundamental Law is incomplete.
(3) The Constitutional Court, in its proceedings conducted in the exercise of its competences, may establish in its decision constitutional requirements such that originate from the regulation of the Fundamental Law, upholding the provisions of the Fundamental Law, with which the application of the reviewed legislation or the legislation applicable in court proceedings must comply.

Chapter III
Constitutional Court operational arrangements and rules of procedure

18. Decision-making bodies of the Constitutional Court

Section 47
(1) The Constitutional Court shall make its decisions in plenary sessions, in panels or acting as a single judge. Unless otherwise provided by this Act, the proceedings of the Constitutional Court shall not be public.
(2) The plenary session shall be the supreme collegiate body of the Constitutional Court.
(3) The panels and the single judges shall pass their decisions acting within the competence of the Constitutional Court.

Section 48
(1) The plenary session of the Constitutional Court shall consist of all Members of the Constitutional Court.
(2) Members of the Constitutional Court shall take part in plenary sessions of the Constitutional Court in a consultative capacity with the right to vote.
(3) The secretary general shall attend plenary sessions ex officio, furthermore, other persons invited by the President may also attend.
(4) The plenary session shall have a quorum if at least two thirds of the Members of the Constitutional Court, including the President or, if the President is prevented, the Vice President is present.
(5) Unless this Act contains provisions to the contrary, the plenary session shall pass its decisions by open ballot, by a majority of votes and without abstention. Members of the Constitutional Court shall be obliged to take part in the decision making process. In case of a tied vote, the President shall have a casting vote.
(6) In personnel issues provided for in Paragraphs d)-e) of Subsection (2) of Section 50, the plenary session shall pass its decisions by secret ballot. In personnel issues provided for in Paragraph d) of Subsection (2) of Section 50, the Member concerned shall not vote.

Section 48/A
Plenary sessions of the Constitutional Court and panel sittings may be held using electronic communications by decision of the President.

Section 49
(1) The decision as to the number and composition of panels and on the person of the presiding judges of the panels lies with plenary session on a recommendation by the President. The composition of the panels and the presiding judges of the panels shall change in every three years and in every year, respectively.
(2) A panel may be set up as a temporary panel or as a standing panel.
(3) Temporary panels may be set up on a recommendation by the President, by the decision of the plenary session, for hearing motions specified therein, and for reducing the caseload if priority proceedings have been ordered.
(4) If the panel consists of at least five members, it shall pass decisions by simple-majority voting procedure. If the panel consists of less than five members, it shall pass decisions unanimously.
(5) Persons invited on a case-by-case basis by the presiding constitutional judge may attend the sittings of the panel.
(6) Issues on the agenda of the panel shall be presented for decision-making to the plenary session, if
a) the matter reviewed by the panel as to merits is for the annulment of an act; or
b) the conditions specified in Paragraph f) of Subsection (2) of Section 50 are fulfilled, and
ba) it is initiated by the majority of the members of the panel,
bb) it is ordered by the President, or
bc) it is initiated by five Members of the Constitutional Court who do not sit on the given panel.
(7) The number of panels, the number of the members of each panel and the detailed provisions of their quorum and operation shall be laid down by the rules of procedure of the Constitutional Court.

Section 50
(1) The panel may hear and determine all cases that are not assigned to the plenary session’s competence by this Act or by the Constitutional Court’s rules of procedure.
(2) The Constitutional Court shall rule in plenary sessions:
a) on the cases specified in Sections 23, 23/A, 24/A, 35 and 38;
b) on the annulment of an act that is contrary to the Fundamental Law or to an international treaty, and on the annulment of an act in a case reviewed by the panel as to merits;
c) on the adoption of the Constitutional Court’s rules of procedure and the organizational and operational regulations;
d) on the following actions relating to members of the Constitutional Court:
da) suspension of immunity,
db) declaration of a conflict of interest, and, based on such conflict of interest, declaration of termination of his or her membership,
dc) dismissal from office and on his or her exclusion from the Constitutional Court;
e) election of the Vice President and the secretary general; and
f) in all cases where a decision of the plenary session is required due to the social or constitutional importance or complexity of the case, upholding the unity of constitutional jurisprudence or other important reason.
(3) The President shall order a petition to be determined by the plenary session at his or her own initiative or on a recommendation by five Members of the Constitutional Court, or on the basis of Subsection (6) of Section 49.

19. Opening the proceedings

Section 51
(1) The Constitutional Court shall proceed based on the petition of entities so authorized by the Fundamental Law and this Act.
(2)-(3)

Section 52
(1) The petition shall contain a definitive request.
(1a) A request contained in the petition for the exercise of competences specified in Sections 23/A and 24/A is considered definitive if it clearly indicates:
a) the provision of the Fundamental Law or of an act that establishes the competence of the Constitutional Court to assess the petition, and establishes the petitioner’s entitlement;
b) the procedural requirements on the adoption and promulgation of the Fundamental Law, and the amendments thereof, defined in the Fundamental Law that were breached by the Fundamental Law or the amendment thereof;
c) the reasons why the Fundamental Law or the amendment thereof is considered contrary to procedural requirements on the adoption and promulgation of the Fundamental Law, as defined in the Fundamental Law;
d) an express request for the annulment of the Fundamental Law or the amendment thereof, and for the content of the Constitutional Court’s decision.
(1b) In addition to what is contained in Subsection (1a), a petition shall be considered definitive if it clearly indicates:
a) the provision of the Fundamental Law or of an act that establishes the competence of the Constitutional Court to assess the petition, and establishes the petitioner’s entitlement;
b) the reasons for initiating the proceedings and – in case of a constitutional complaint – the substance of the breach of the rights guaranteed by the Fundamental Law;
c) with the exception of the procedure specified in Section 38, the statutory provision or judicial decision to be reviewed by the Constitutional Court, or the decision of the Parliament where the proceedings specified in Section 33 are requested, and/or in connection with the proceedings specified in Sections 34-36, the action, conduct or the exercise of competences alleged contrary to the fundamental law;
d) the provisions of the Fundamental Law or of an international treaty alleged violated;
e) the reasons why the contested legislation, statutory provision, judicial decision or – in case of initiating the proceedings specified in Section 33 – the resolution of the Parliament is contrary to the specific provision of the Fundamental Law or international treaty, and – in case of initiating the procedure specified in Sections 34-36 – a detailed explanation of the request contained in the petition; and
f) an express request for the annulment of the legislation, statutory provision, judicial decision, and for the content of the Constitutional Court’s decision.
(2) The review conducted by the Constitutional Court shall be limited to the specific constitutional request. This provision shall not affect the competence of the Constitutional Court with regard to conclusions specified in Subsection (1) of Section 28, Subsection (1) of Section 32, Subsection (1) of Section 38 and Subsections (1) and (3) of Section 46, that may be taken ex officio, nor the provisions set out in Article 24(4) of the Fundamental Law.
(3)
(4) The petitioner shall be required to evidence the existence of the preconditions for Constitutional Court action.
(5) The petition shall include the name and address, or seat of the petitioner, and – if the petitioner is a public official – his or her title, furthermore, in constitutional complaint proceedings, the petitioner shall make a declaration on the processing of his or her personal data.
(6) The documents evidencing the contents of the petition shall be submitted to the Constitutional Court enclosed with the petition.

Section 53
(1) Written petitions for initiating proceedings shall be filed directly with the Constitutional Court. The Constitutional Court shall forthwith inform the President of the Republic and the Nemzeti Választási Bizottság (National Election Committee) when receiving a petition for the review of a Parliament resolution related to ordering a referendum.
(2) By way of derogation from Subsection (1), constitutional complaints shall be submitted to the court of first instance addressed to the Constitutional Court, with the exception set out in

Subsection (2) of Section 26.
(3) The court shall forward the constitutional complaint to the Constitutional Court.
(4) The court may suspend the enforcement of the decision contested by constitutional complaint until the conclusion of the proceedings of the Constitutional Court.
(5) The petitioner may resubmit a petition with the same content only if the circumstances underlying the previous petition had changed significantly.
(6) With the exception of constitutional complaints, petitions submitted to the Constitutional Court may not be withdrawn.

Section 54
(1) The proceedings of the Constitutional Court are free of charge. The petitioner shall bear his or her own costs incurred in the course of the Constitutional Court proceedings.
(2) The panel of the Constitutional Court, or the single judge acting in accordance with Subsection (5) of Section 55 may impose an administrative fine on the petitioner and may order him or her to pay the extra costs arising for abusing the right of petition, as well as any petitioner or other persons participating in the proceedings who deliberately delays or obstructs the conclusion of the Constitutional Court proceedings.
(3) The amount of the administrative fine shall be between twenty thousand and five hundred thousand forints, payable by the date specified in the Constitutional Court ruling by the person fined. When determining the amount of the administrative fine, the gravity and the consequences of the act penalized shall be taken into consideration.
(4) Another panel of the Constitutional Court – appointed by the President – may alter the decision on the administrative fine and on costs defined in Subsection (2) at the request of the person fined or ex officio in cases of exceptional circumstances.

20. Preparation of the proceedings and the preliminary review of the admissibility of petitions

Section 55
(1) The secretary general shall be responsible for the preparation of Constitutional Court proceedings in accordance with the rules laid down in this Act and the Constitutional Court’s rules of procedure.
(2) The secretary general shall first examine whether the petition is admissible for initiating Constitutional Court proceedings and meets the form and content requirements specified in this Act for petitions, and whether there are obstacles to the proceedings.
(3) If the petition fails to meet the form and content requirements specified in this Act, the secretary general shall call upon the petitioner for remedying deficiencies within the prescribed thirty day time limit. If the petitioner fails to comply with the notice for remedying deficiencies in due time or some deficiencies remain, the petition shall not be examined as to merits.
(4) Apart from the case specified in Subsection (3), the petition shall not be assessed as to merits if:
a) the petitioner fails to observe the time limit of the submission of the petition specified by law and/or failed to justify the omission despite having been asked to do so;
b) the petition was submitted beyond doubt by a person other than the party so entitled;
c) the petition manifestly falls outside the competence of the Constitutional Court;
d) the document submitted does not qualify as a petition; or
e) the petition is manifestly unfounded.
(4a)
(5) The decision of the Constitutional Court to reject a petition without any examination of its merits shall be taken – on a recommendation by the secretary general – acting in the capacity of a single judge.

Section 56
(1) The Constitutional Court shall rule on the admission of a constitutional complaint acting in a panel in accordance with its rules of procedure.
(2) The panel shall exercise its discretionary power in examining the statutory content requirements of the admissibility of a constitutional complaint, in particular the involvement provided for in Sections 26-27, the exhaustion of remedies and the conditions specified in Sections 29-31.
(3) In case of the rejection of admission, the panel shall pass an order that contains a summary statement of reasons, specifying the ground for rejection.
(4) The admitted constitutional complaint shall be submitted by the presiding judge for review of the case as to merits to the standing panel specified by the rules of procedure of the Constitutional Court.

21. General procedural rules

Section 57
(1) The Constitutional Court shall rule on the merit of the petitions on the basis of the documents at its disposal, and/or after hearing and obtaining the opinion of the legislator, the initiator of the act or their representative in the cases specified in Subsections (1b)-(1c).
(1a) Where proceedings are initiated in connection with an act, government decree or other legislation that may affect a vast number of individuals within the framework of competences specified in Sections 23-26 or Section 32, it shall be published on the website of the Constitutional Court. In case of proceedings initiated in its competences specified in Sections 23-26 or Section 32, and upon the petitioner’s consent in the proceedings specified in Section 25-26, the petition shall be published by the Constitutional Court. In other cases, the essence of the constitutional request set out in the petition with regard to Paragraphs c)-e) of Subsection (1) of Section 52 shall be published with personal data redacted.
(1b) If the legislator, or the initiator of the act, having regard to the fact whether the case may affect a vast number of individuals, intends to inform the Constitutional Court about his or her position, he or she shall send his or her opinion to the Constitutional Court within thirty days of the publication specified in Subsection (1a), or within fifteen days in case of priority proceeding, and within five days in the proceeding specified in Article 6(8) of the Fundamental Law. The legislator and the initiator of an act shall form a common opinion based on their agreement.
(1c) The legislator or the initiator of an act shall send his or her opinion to the Constitutional Court and may contemporaneously request the Constitutional Court to provide opportunity for personal hearing under Sections 25-27, or for a public hearing under Section 24 and Section 32. The plenary session of the Constitutional Court shall rule on the hearing of the legislator, the initiator of an act or their representative. Refusal to grant a hearing shall be subject to majority decision of all members. The legislator and the initiator of an act may nominate a common representative for the hearing upon mutual consent.
(1d) The opinion of the legislator and the initiator of an act referred to in Subsection (1b) shall be published on the website of the Constitutional Court.
(1e) The petitioner shall also be invited to the hearing referred to in Subsection (1c) and shall be given the opportunity to express his or her views after the hearing of the legislator, the initiator of an act or their representative.
(1f) The public hearing may be attended by the number of people determined by the President of the Constitutional Court, sitting at the place specified, and the audience shall refrain from any form of utterance. In the event of any disturbance of the hearing the Constitutional Court or the presiding judge of the panel may expel the audience in whole or in part from the hearing. Where deemed necessary for the protection of classified information, personal data, business secret or other data protected by law, the affected part of the hearing shall be held in closed session. Holding the hearing in closed session may be requested by the party heard, the Constitutional Court and the presiding judge of the panel, and shall be decided by the majority of the plenary session or of the panel. The report of the public hearing shall be published on the website of the Constitutional Court.
(2) The Constitutional Court may, Subsections (1a)-(1c) notwithstanding, order the personal hearing of the petitioner or a third party, or may invite them to make a statement. For the purpose of making a statement, sending documents or giving an opinion, the Constitutional Court may contact the relevant body, authority invested in the motion, and/or the court, authority, other public body, institution of the European Union or international organization to be contacted for the assessment of petition.
(3) With regard to specific cases, the Constitutional Court may contact the court where the case was heard in order to send the files of the case.
(4) Persons invited for a personal hearing referred to in Subsection (2) shall be obliged to attend.
(4a) As regards the personal interview under Subsections (1c) and (2) the provisions of the Code of Civil Procedure on interviews conducted via electronic communications network shall apply mutatis mutandis.
(5) The bodies, authorities and courts invited to make a statement as provided for in Subsection (2), or requested to send documents shall be obliged to cooperate.
(6) Where the decision relating to an alleged violation of fundamental rights requires the clarification of a specific issue, the Constitutional Court shall appoint an expert for the proceedings in duly justified cases. The detailed rules relating to expert evidence are contained in the rules of procedure of the Constitutional Court.
(7) A public hearing shall be held if the hearing specified in Subsection (2) is ordered, by decision of the presiding judge of the acting panel, or the President if a plenary session is held, based on the initiative of the opposing party taking part in the court proceedings underlying the Constitutional Court proceedings (hereinafter referred to as “opposing party”).
(8) The petitioner and the opposing party shall have the right of access to the documents of the procedure for taking evidence.
(9) With respect to the means of evidence specified in Subsections (2)-(6) and having regard to Subsection (8), the provisions of the Code of Civil Procedure shall apply mutatis mutandis.
(10) Unless otherwise provided for in this Act, other forms of proof and means of evidence may not be applied in Constitutional Court proceedings.

Section 58
(1) If the rapporteur constitutional court judge finds in the review of the petition on the merits that the petition is incomplete, he or she may call upon the petitioner for remedying deficiencies within the prescribed time limit. In the event of failure to comply with that time limit, the Constitutional Court shall adopt a decision based on the information in its possession.
(2) Cases pending before the rapporteur constitutional court judge, whose subjects are related may be consolidated in the interest of hearing and determining such cases collectively.
(3) If considered appropriate by the rapporteur constitutional court judge from the perspective of adjudication, he or she may decide to hear and determine individual cases separately.

Section 59
Where a case pending before the Constitutional Court is rendered manifestly superfluous, such proceedings may be terminated in accordance with the Constitutional Court’s rules of procedure.

Section 60
The Constitutional Court may, in duly justified cases, suspend its proceedings until the closure of proceedings in progress before a court, authority, other public body, institution of the European Union or international organization, if the decision by the Constitutional Court on the merits of the case depends on the determination of an incidental question pending before such bodies, and suspension is justified by legal certainty, a particularly important interest of the petitioner or any other particularly important reason.

Section 61
(1) The Constitutional Court, in the course of its proceedings, shall in duly justified cases call upon the court to suspend the execution of the contested decision if considered necessary:
a) with regard to the estimated duration of the Constitutional Court proceedings or to the anticipated decision,
b) in order to avoid serious and irreparable damage or harm, or
c) for any other important reason,
and the court did not suspend the execution of the decision on the basis of Subsection (4) of Section 53.
(2) If in the review of legislation or statutory provision, the Constitutional Court alleges that a legislation which has been promulgated within its competence specified in Section 24, but has not yet entered into force is contrary to the fundamental law, it may, in duly justified cases, suspend the entry into force of the legislation or statutory provision specified in the petition where immediate action is required in order to avoid serious and irreparable damage or harm, or for the protection of the Fundamental Law or legal certainty.
(3) The suspension referred to in Subsection (2) shall end when the Constitutional Court brings a decision on the merits. If the Constitutional Court does not annul the legislation or statutory provision, in its decision it shall set the date of the entry into force of that legislation or statutory provision. The date of entry into force shall be set by adding to the date specified in the legislation as the date of entry into force of the legislation or statutory provision the duration between the date of promulgation of the legislation and the date of the Constitutional Court’s decision on the merits.
(4) If the Constitutional Court does not rule on the extension of the measure, the decision of suspension shall cease to have effect after one hundred and eighty days. In the decision of suspension the Constitutional Court shall set the date of the entry into force of the legislation or statutory provision for the event where the decision of suspension should cease to have effect. The date of entry into force shall be set by adding to the date specified in the legislation as the date of entry into force of the legislation or statutory provision the duration between the date of promulgation of the legislation and the date of the decision of suspension.

Section 62
(1) A member of the Constitutional Court may not take part in the assessment of a constitutional complaint if he or she is a relative of the petitioner or of the petitioner’s legal representative, or participated in the court proceedings under review either as a party or in any other way, or as a judge in the judicial decision.
(2) A member of the Constitutional Court may not take part in the assessment of a petition if he or she is personally and directly invested in the case to which the petition pertains, and thus cannot be expected to remain impartial, objective and unbiased.
(3) Members of the Constitutional Court shall report to the President without delay where any grounds for his or her exclusion exist.
(4) In constitutional complaint proceedings, following the admission of the petition until the ruling of the Constitutional Court is adopted, the petitioner may initiate the exclusion of a member of the panel by way of a written reasoned request, if an unbiased decision cannot be expected from him or her.
(5) The objection lodged for the exclusion submitted by the petitioner shall be presented to the Member of the Constitutional Court concerned for the purpose of making a statement. If the member of the Constitutional Court consents to his or her exclusion, he or she shall not participate in the proceedings. Otherwise, another panel of the Constitutional Court or the plenary session shall rule on the exclusion. The decision relating to the exclusion shall be communicated to the petitioner and the member of the Constitutional Court concerned.

22. Decisions of the Constitutional Court

Section 63
(1) The Constitutional Court shall determine cases as to merit and on the temporary measures specified in Subsection (2) of Section 61 by way of formal decision, and by means of a ruling in all other matters.
(2) With the exception of rulings with summary statement of reasons as specified in Subsection (3) of Section 56, the Constitutional Court shall be obliged to give detailed reasoning for its decisions.

Section 64
The Constitutional Court shall reject the petition by way of a ruling if it establishes upon the assessment of merits:
a) that it has no competence;
b) that the petitioner is lacking entitlement;
c) the absence of remedying deficiencies or making other statements, which makes it impossible to rule in the case, or that the resubmitted petition remained incomplete after it has been returned for remedying deficiencies;
d) that the content of the petition fails to meet statutory requirements;
e) the legislation reviewed is no longer in effect, with the exception of the procedures specified in Sections 25-27; and
f) that the provisions under Subsection (3) of Section 24 or Section 31 apply.

Section 65
(1) The Constitutional Court shall pass a formal decision on the merits to adjudicate the petition, and rule on other issues necessarily arising in the course of the proceedings.
(2) The Constitutional Court, in its decision referred to in Subsection (1) of Section 33, shall uphold the Parliament’s resolution or shall annul the Parliament’s resolution and call upon Parliament to adopt a new resolution.

Section 66
(1) Decisions of the Constitutional Court shall be communicated by service to the petitioner, to the court that forwarded the constitutional complaint and to those persons concerned whose notification the Constitutional Court deems necessary.
(2) If a member of the Constitutional Court who opposed the decision of the Constitutional Court is outvoted, he or she shall have the right to attach his or her dissenting opinion, with a written reasoning, to the decision.
(3) A member of the Constitutional Court who agrees with the merits of the decision shall have the right to attach his or her reasons in a statement if they differ from those of the majority.
(4) The Constitutional Court may order that its decision be pronounced publicly.

23. Miscellaneous provisions

Section 67
The provisions of the Code of Civil Procedure shall apply mutatis mutandis in proceedings pending before the Constitutional Court as regards the use of native language.

Section 68
In procedures specified in Sections 23-24 and Sections 32-33, the Constitutional Court shall publish the petitions received in electronic format to the general public without any restriction, in a manner not to allow the identification of specific individuals. In the procedures specified in Sections 25-27, the Constitutional Court shall publish the petitions subject to the petitioners’ consent.

Section 68/A
At the time of special legal order:
a) the President and the secretary general shall ensure that the Constitutional Court remains functional throughout, and shall take operational and administrative measures and measures for the preparation of decisions, and
b) the President may permit derogation from the rules of procedure of the Constitutional Court.

Chapter IV
Final provisions

Section 69
(1) This Act shall enter into force on 1 January 2012.
(2) This Act shall be considered cardinal pursuant to Article 24(9) of the Fundamental Law.
(3)-(4)
(5) This Act shall not affect the mandate of the members of the Constitutional Court in office at the time of entry into force of this Act, with the proviso that the provisions of Section 5 and Sections 10-16 shall apply to such mandates. Members of the Constitutional Court in office at the time of entry into force of this Act, or who were in office before the entry into force of this Act, who were elected by Parliament for a term of nine years and were not re-elected, may be re-elected once after the entry into force of this Act.
(6) This Act shall not affect the mandate of the President of the Constitutional Court in office at the time of entry into force of this Act, with the proviso that the provisions of Sections 18-20 shall apply to such mandate. The President of the Constitutional Court in office at the time of entry into force of this Act may be re-elected once as President of the Constitutional Court after the entry into force of this Act.
(7) This Act shall not affect the mandate of the Vice President of the Constitutional Court in office at the time of entry into force of this Act, with the proviso that the provisions of Subsection (3) of Section 21 shall apply to such mandate.
(8) This Act shall not affect the mandate of the secretary general of the Constitutional Court in office at the time of entry into force of this Act, nor the mandate of public officials employed in the Office of the Constitutional Court.
(9) The provisions of this Act shall not affect the benefits provided on the basis of previous legislation to former presidents who were in office before the entry into force of this Act, with the proviso that a former president who were in office before the entry into force of this Act shall be entitled to the benefits provided for in Subsection (1) of Section 25 and Subsection (1) of Section 22 of Act XXXIX of 2000 on the Remuneration and Benefits of the President of the Republic, the Prime Minister, the Speaker of Parliament, the President of the Constitutional Court and the Chief Justice of the Supreme Court if having reached the retirement age before the time of entry into force of this Act and if having requested such benefits.
(10)
(11) The President of the Constitutional Court in office on 1 January 2020 shall be entitled – until the end of his or her term – to personal protection, covering official and private programs alike, in accordance with the legislation on protection granted to protected persons and designated establishments.

Section 70
(1) The detailed provisions relating to Constitutional Court proceedings shall be laid down in the rules of procedure of the Constitutional Court.
(2) The plenary session of the Constitutional Court shall adopt an indicative plenary session resolution for the uniform interpretation of the Act on the Constitutional Court and the Rules of Procedure, and to ascertain uniform judicial practice within the Constitutional Court. The plenary session resolution shall be published in Magyar Közlöny (Official Hungarian Gazette).

Section 71
(1) All ongoing proceedings for the ex post review of unconstitutionality of legislation as defined in Subsection (1) of Section 24, and that were not submitted by the petitioners specified in Article 24(2)(e) of the Fundamental Law shall be dismissed upon the entry into force of this Act.
(2) The entry into force of this Act shall extinguish all ongoing proceedings pending before the Constitutional Court regarding the resolution of unconstitutionality by nonfeasance, if the petition was not submitted by the petitioners specified in Article 24(2)(e) of the Fundamental Law.
(3) The petitioners of proceedings that were terminated in accordance with Subsections (1) and (2) may submit petitions to the Constitutional Court until 31 March 2012 containing constitutional concerns related to the legislation contained in the dismissed petition, if the requirements specified in Section 26 of this Act are met, with the same content if the constitutional breach specified therein is contrary to the Fundamental Law.
(4) The provisions of Subsections (1)-(2) and (4) of Section 30 shall not apply to the petitions specified in Subsection (3) hereof; in other respects, the provisions of this Act shall apply to such petitions.
(5) After 30 June 2012, the petitions specified in Subsection (3) may no longer be submitted.
(6) The petitions specified in Subsection (3) shall refer to the previously submitted petition underlying the extinguished proceedings containing data enabling identification.

Section 72
(1) By way of derogation from Section 71, in accordance with Article 25(2)(c) of the Fundamental Law, petitions submitted before the entry into force of this Act by Budapest and county government agencies or their predecessors for the review of municipal decrees within the framework of ex post review of unconstitutionality of legislation shall be transferred to the courts, and the petition alleges that municipal decree is contrary to another legislation.
(2) If a petition under Subsection (1) alleges the unconstitutionality of the municipal decree exclusively, without mentioning conflicts with any other legislation at the same time, the proceedings before the Constitutional Court shall be conducted in accordance with Section 71.

Section 73
(1) In other cases pending before the Constitutional Court, which are not covered by Sections 71 and 72, the Constitutional Court proceedings shall be conducted in accordance with the provisions of this Act if the case can be examined in accordance with the provisions of the Fundamental Law, and the petitioner’s right of petition exists based on the provisions of this Act.
(2) In accordance with Article 25(2)(c) of the Fundamental Law, petitions submitted before the entry into force of this Act by a judge for the review of municipal decrees within the framework of ex post review of unconstitutionality of legislation applicable to legislation of relevance in the case pending before him or her shall be transferred to the courts, and the petition alleges that municipal decree is contrary to another legislation.

Section 74
Constitutional complaint proceedings as defined in Sections 26-27 may also be initiated regarding proceedings in progress at the time of the entry into force of this Act.

Section 74/A
Subsection (1) of Section 15 and Subsection (6) of Section 16, as established by Act CCVII of 2013 on the Amendment of Certain Acts in Connection with the Fifth Amendment of the Fundamental Law, shall also apply to members of the Constitutional Court in office at the date of entry into force of Act CCVII of 2013 on the Amendment of Certain Acts in Connection with the Fifth Amendment of the Fundamental Law.

Section 74/B
(1) Members of the Constitutional Court shall submit their declaration of personal wealth by 5 August 2022 in accordance with Subsection (1) of Section 11 of this Act, as established by Act XVIII of 2022 on the Amendment of Act XXXVI of 2012 on the Parliament and Other Related Regulations, showing the status on the date of the declaration of personal wealth.
(2) The declarations of personal wealth of the spouse or domestic partner living in the same household, and children of Members of the Constitutional Court held by the secretary general at the date of entry into force of Act XVIII of 2022 on the Amendment of Act XXXVI of 2012 on the Parliament and Other Related Regulations shall be kept by the secretary general until 1 August 2023.
(3) In proceedings concerning declarations of personal wealth in progress at the time of entry into force of Act XVIII of 2022 on the Amendment of Act XXXVI of 2012 on the Parliament and Other Related Regulations the provisions in force at the time of the opening of such proceedings shall apply.

Section 74/C
(1) Members of the Constitutional Court shall submit their declaration of personal wealth in accordance with the provisions established by Act XXXI of 2022 on the Amendment of Certain Acts Relevant to Declarations of Personal Wealth in Connection with Monitoring the Use of European Union Budget Funds, subject to content and formal requirements set out in Act LVI of 2022 on the Amendments Adopted at the Request of the European Commission for the Successful Completion of the Conditionality Procedure, for the first time by 31 January 2023, showing the status on 1 November 2022, accompanied by the declarations of personal wealth of his or her family members living in the same household.
(2) In proceedings concerning declarations of personal wealth in progress at the time of entry into force of Act XXXI of 2022 on the Amendment of Certain Acts Relevant to Declarations of Personal Wealth in Connection with Monitoring the Use of European Union Budget Funds the provisions in effect on the day of the opening of the proceedings shall apply.
Section 75
Any reference made in this Act to legal acts for the governance of bodies governed by public law shall also be construed as other legal instruments of State governance, and any reference made to acts shall also be construed law-decrees.