Press release regarding the interpretation of Section (2) Article 23 of the Fundamental Law of Hungary

26 June 2013

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.