Press release concerning the decision on the suspension of the entry into force of certain provisions of the Act on National Security Control19 July 2013
The Constitutional Court has decided on the suspension of the entry into force of certain provisions of the Act on National Security Control on its Plenary Session of 15 July 2013. According to the concerned provisions, those who fall under national security control, can be controlled during the whole time of their legal relationship, and secret information gathering against them can be investigated twice a year for 30 days.
The Commissioner for Fundamental Rights initiated the proceedings of the Constitutional Court on 24 June 2013. In his petition, the Commissioner challenged more provisions of the Act LXXII of 2013 –that had modified several provisions of the regulations of Act on National Security Control – inter alia those provisions that allow national security control not only before the establishment of the legal relations but also during the whole legal relationship. During the concerned legal relationship, the employees would be investigated for the purpose of secret information gathering twice a year for 30 days.
The Constitutional Court has begun the examination of the petition, but the adjudication of the petition on its merits shall not be possible before the Act enters into force on 1 August 2013. According to the Act on the Constitutional Court, the Court may decide on temporary suspension of the entry into force of a legal regulation – that has been promulgated but has not entered into force yet – if the Constitutional Court considers the concerned regulation likely to be contrary to the Fundamental Law during the examination and if the suspension provides avoidance of serious and irreparable damage or disadvantage or the protection of the Fundamental Law or the legal certainty necessitates.
The Constitutional Court has declared that the examined regulations seriously restrict the right to inviolability of private life. Based on this, the concerned regulation is probably contrary to the Fundamental Law; therefore the Constitutional Court has suspended its entry into force.