On its Plenary Session of 24 June 2013, the Constitutional Court has declared that cardinal Act on autonomous regulatory organ may define the conditions of the appointment of the head of the organs, for instance the president of National Media and Infocommunications Authority (NMIA). As far as the essential circumstances regarding the requirement of the president of NMIA are concerned, the regulation of this organ is referred to the subject of cardinal Act by Article IX of Fundamental Law. This part of the Fundamental Law disposes of the freedom of expression. According to the concerned cardinal Act, the appointed president shall become the presidential candidate of the Hungarian Media Council which ensures the enforcement of freedom of press.

The Hungarian Government has initiated at the Constitutional Court the interpretation of Section (2) Article 23 of the Fundamental Law in connection with the appointment of the president of National Media and Infocommunications Authority (NMIA).

In the first part of the petition, the Government has asked whether the cardinal Act on autonomous regulatory organs may prescribe further requirements besides the conditions of Fundamental Law regarding the appointment of the head of the organ. The Constitutional Court has declared that the cardinal Act concerning autonomous regulatory organs may prescribe further conditions of the appointment of the head of the organ.

However, the Constitutional Court has declared that the determination of the conditions of the appointment cannot be based only on the interpretation of Section (2) Article 23. The constitutional requirements concerning the organ and its president highly depend on which other regulations of the Fundamental Law and which fundamental rights are the base of the functioning of the concerned organ.