Summary of the caseload and statistical data for the 2nd quarter of 202110 September 2021
The Constitutional Court publishes its caseload data in detailed tables at the end of each quarter and at the end of the year. Below, the key data for the second quarter of 2021 are summarized by using graphs to provide an overview of caseload and decision-making data.
In the second quarter of 2021, the bodies of the Constitutional Court continued to hold their meetings and make decisions online. Tables containing detailed caseload and statistical data for the period can be viewed here >> The most important data for the first two quarters are presented below.
Between 1 April and 30 June 2021, a total of 176 new cases were brought before the rapporteur Justices of the Constitutional Court, a remarkable increase from the first quarter (148 new cases). The largest proportion of cases were constitutional complaints. The main data of the newly opened cases signed to the rapporteur Justices (together with the data for the first quarter) are as follows:
|The total number of new cases signed to the rapporteurs is||148||176|
|Number of constitutional complaints||135||162|
|Number of judicial initiatives||7||12|
|Posterior norm controls||2||1|
In May and June 2021, there were also two groups of cases in which a significant number of motions were received with essentially the same text. Constitutional complaints were filed in more than 350 cases related to the health service employment relationship, and in almost 800 cases in connection with the rights attached to the vaccination certificate, in accordance with Section 26 (2) of the Act on the Constitutional Court. In addition, there was another (significantly smaller) group of 16 motions concerning the restriction of the right of assembly during an emergency. Due to their textual identity, these motions are not included separately in the statistical data and will be dealt with by the Constitutional Court pursuant to Section 30 (5) of the Rules of Procedure.
Another specific category of the cases is the proceedings brought on the basis of petitions against legislation or judicial decisions relating to the epidemiological emergency. The updated list of these cases can be found here > > (in Hungarian)
Concerning the new cases, the relative proportions of the different types of cases in the second quarter of 2021 were as follows:
In terms of concluded cases, the bodies (the full session and the panels) closed 173 cases between 1 April and 30 June 2021. In 31 of these cases, substantive decisions were taken. The bodies used the annulment of a court or official decision in 9 cases and the annulment of a legal provision in 2 cases.
The key figures for completed cases for the first two quarters are as follows.
|The total number of cases concluded by the bodies is||159||173|
|The total number of cases concluded with a decision on the merits is||32||31|
|Annulment of a court decision / official decision||5||9|
|Complete / partial annulment of legislation, legal provision||3||2|
|Establishing a constitutional requirement||4||3|
|Establishing an omission||1||4|
|Refusal to admit a constitutional complaint||120||126|
|The number of cases closed in the Secretary-General’s preparatory proceedings and by single judge’s ruling is||226||204|
Completions on a quarterly basis over the last two years are as follows:
The graph below shows the development of the number of Constitutional Court decisions annulling judicial decisions on a quarterly basis, for the past two years.
The list of judicial decisions annulled by the Constitutional Court so far in 2021 is available here >> (in Hungarian)
The following figure shows the development of the number of decisions of the Constitutional Court annulling a legal provision in the last two years, broken down by quarter. In addition, the Constitutional Court has established in several decisions a constitutional requirement and conflicts with the Fundamental Law manifested in omission.
In the decisions officially published between 1 April and 30 June 2021, the bodies used the annulment of a legal provision in 5 decisions in the first quarter. Annulments affected 5 pieces of legislation and a total of 6 of their provisions.
The list of annulled legal provisions is available here >> (in Hungarian), the table summarizing the constitutional requirements established by the Constitutional Court can be found on the website here >> (in Hungarian), and the current list of legislative omissions not yet remedied can be accessed here >> (in Hungarian).
The average time taken to resolve constitutional complaint cases completed by the bodies in the first half of 2021 was 304 days from the date of submitting the petition. This period has been the following in the recent years:
The figure below also shows data concerning the administration period.
In connection with the above, however, it is important to note that the administrative deadlines laid down in the Rules of Procedure are not be calculated from the submission of the petition, but from the date of allocating the case to the rapporteur Justice of the Constitutional Court.
Finally, in relation to closed cases, there is an overview of the proportion of constitutional complaint cases closed by a substantive decision in the first half of 2021, with a breakdown according to their case category.
Detailed data on the development of the case load figures of constitutional complaint procedures and the handling of constitutional complaints submitted in the given calendar year can be found here >>, broken down by year.
The caseload data at the end of the second quarter were as follows. As of June 30, 2021, there were 367 pending cases assigned to Justices of the Constitutional Court, which is essentially the same as at the end of the previous quarter. It does not, of course, include cases for which the Secretary-General’s preparatory procedure was still ongoing. Based on this, the number and distribution of cases pending before the rapporteur Justices was as follows, compared to the data for the end of the previous quarter.
|The total number of pending cases is||364||367|
|Number of constitutional complaints||337||333|
|Number of judicial initiatives||9||15|
|Number of posterior norm control procedures||11||11|
Finally, the graph below provides a complex overview of the caseload: it shows the development of the number of new cases assigned to rapporteur Justices of the Constitutional Court, completed cases and pending cases, for the last two years, on a quarterly basis.