22 January 2018
As emphasized by the Constitutional Court in its recent decision: the freedom of expression enjoys extraordinary protection in the scope of debating public affairs, as it is a requirement under the formation of democratic public opinion that all citizens of the society should be able to express their thoughts freely. Accordingly, the expression of opinions about public affairs can only be restricted in a limited scope when it violates the unrestrictable essence of human dignity that determines the human status, i.e. if it is aimed at humiliating the human core of the other person. The freedom of expression shall not be applicable to such communications.
Deciding about acknowledging a church is not only within the National Assembly’s scope of competence, it is a duty of the National Assembly
22 January 2018
The National Assembly has 60 days to make a decision on acknowledging a church, but at present there are no legal sanctions whatsoever connected to the failure to do so, resulting in the absence of a legal remedy for the affected religious organisation, if no decision is adopted. On the other hand, the Constitutional Court specified as a requirement under the Fundamental Law that the rules of fair procedure should also be enforced during the procedure aimed at obtaining the status of “established church”. Therefore the Court established in its latest decision the existence of an omission resulting in the violation of the Fundamental Law and it called upon the National Assembly to adopt legislation.