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2017.06.15 Certain provisions of the Act of Parliament requiring judges’ national security vetting are in contravention of the Fundamental Law of Hungary

The Constitutional Court (henceforth: the Court) has found that certain provisions of the National Security Agencies Act violate judicial independence and the fundamental right to respect for privacy, which are protected under the Fundamental Law of Hungary. Therefore the Court has annulled those provisions. The protection of national security interests is not only a constitutional aim but also a state obligation, but the impugned regulation may give rise to abuses that are incompatible with judicial independence. In the Court’s view the exceptional significance of judicial independence for the rule of law makes it imperative that rules pertaining to the judicial branch of power are absolutely clear.

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