recent translations summaries
Decision 9/2022. (V. 25.) on the supplementary private prosecution procedure
Judicial initiative aimed at establishing incompatibility with the Fundamental Law and annulling Section 813 (2) and (4) of the Act XC of 2017 on the Criminal Procedure (supplementary private prosecution procedure, termination of legal representation)
Decision 5/2022. (IV. 14.) on compensation for damages
Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the judgement No. Pfv.III.21.484/2019/12 of the Curia (compensation for damages, environmental pollution)
Decision 3110/2022. (III. 23.) on the supervisory powers of the data protection authority
Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the judgement No. Kfv.II.37.001/2021/6 of the Curia (supervisory powers of the data protection authority, ordering ex officio erasure of unlawfully processed personal data)
Decision 3063/2022 on the definition of the place of residence
Posterior norm control petition against section 5 (2) of the Act LXVI of 1992 on the Registration of the Personal Data and the Address of Citizens (definition of the place of residence)
Decision 3053/2022. on severance pay in the event of termination of the public service employment of health workers
Constitutional complaint against section 19 (4) of the Act C of 2020 on Healthcare Service Relationship (severance pay in the event of termination of the public service employment of health workers)
Decision 32/2021 on the joint excercise of powers
Application of the Minister for Justice for interpretation of Article E (2) and Article XIV (4) of the Fundamental Law (judgement of the Court of Justice of the European Union in Case C-808/18, asylum, exercise of EU powers)
Decision 3537/2021 on mandatory vaccination of healthcare employees
Constitutional complaint against Section 1 (6) and (8) to (10) of the Government Decree No. 449/2021. (VII. 29.) Korm. on the mandatory take up of the vaccine against coronavirus (mandatory vaccination of healthcare employees)
Decision 25/2021. on certain rules related to the Rent and the Sale of Flats and Premises
Preliminary norm control aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 1 to 3 of the Act (Bill No. T/16223) adopted on the Parliament’s session of 15 June 2021 on the amendment of the Act LXXVIII of 1993 on certain rules related to the Rent and the Sale of Flats and Premises and the Act CXCVI of 2011 on National Assets (right of option over flats located in a national heritage building)
Decision 23/2021 AB on the general ban of assembly during the period of state of danger
Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 4 (1) and Section 5 (1) and (2) of the Government Decree No. 484/2020. (XI. 10.) Korm. on the second phase of protective measures applicable during the period of state of danger (general ban of assembly during the period of state of danger)
Decision 21/2021. (VI. 22.) on university autonomy
Judicial initiative aimed at establishing the lack of conformity with the Fundamental Law and annulling the Act LXXII of 2020 on the Foundation for Theatre and Film Arts, the transfer of assets for the Foundation for Theatre and Film Arts and the University of Theatre and Film Arts and Section the 94 (6) of the Act CCIV of 2011 on National Higher Education (university autonomy, freedom of academic life)
Decision 3067/2021 on the implementation of keeping contacts
Constitutional complaint against the ruling No. 12.Pkf.20.301/2020/3 of the Szekszárd Regional Court and the ruling No. 5.Pk.50.023/2020 of the Paks District Court (implementation of keeping contacts)
Decision 7/2021. on violation of personality rights related to being affiliated with a religious community
Constitutional complaint aimed at establishing the conflict with the Fundamental Law and annulling the judgement No. Pfv.IV.20.636/2016/4 of the Curia (violation of personality rights related to being affiliated with a religious community)
Decision 6/2021 on insulting the community of Catholics
Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the judgement No. Pfv.IV.21.163/2018/4 of the Curia (insulting the community of Catholics)
Decision 5/2021 on waste management
Preliminary norm control aimed at establishing the lack of conformity with the Fundamental Law and annulling certain provisions of the chapter entitled “19. The amendment of the Act CLXXXV of 2012 on Waste” of the Act adopted on the Parliament’s session of 15 December 2020 on the amendment of certain Acts in the field of energy and waste management (Bill No. T/13958) (waste management)
Decision 4/2021 on the investment project in relation to the capacity conservation of the Nuclear Energy Plant of Paks
Posterior norm control against Section 5 of the Act VII of 2015 on the investment project in relation to the capacity conservation of the Nuclear Energy Plant of Paks and modifying certain related acts (exclusion of access to data of public interest)
Decision 2/2021 on the use of mother tongue
Judicial initiative aimed at establishing the incompatibility with the Fundamental Law and annulling Section 113 (2) of the Act CXXX of 2016 on the Code of Civil Procedure and Section 20 (3) of the Act CXXX of 2016 on the Code of General Administrative Procedure (use of mother tongue)
Decision 3284/2020. on the International Investment Bank
Posterior norm control aimed at establishing the lack of conformity with the Fundamental Law and annulling items 5.2 to 5.4, item 6.1, item 6.4 and item 11.1 of the Agreement between the International Investment Bank and the Government of Hungary on the International Investment Bank’s registered office in Hungary laid down in Section 3 of the Act XI of 2019 (International Investment Bank)
Decision 15/2020 on scare-mongering
Constitutional complaint aimed at establishing the conflict with the Fundamental Law and annulling Section 337 para. (2) of the Act C of 2012 on the Criminal Code (scare-mongering)
Decision 12/2020. on payment of remuneration for standby duty
Constitutional complaint against the judgement No. Mfv.II.10.279/2018/3 of the Curia (payment of remuneration for standby duty)
Decision 3193/2020. on freedom of religion
Constitutional complaint against the Act CCVI of 2011 on the Freedom of Conscience and Religion, and on Churches, Denominations and Religious Communities (freedom of religion)
Decision 10/2020. (V. 28.) on the Benefits for Persons of Altered Working Ability
Conflict with an international treaty, a conflict with the Fundamental Law and annulling the Section 2 (1) a) aa) to ac) of the Act CXCI of 2011 on the Benefits for Persons of Altered Working Ability and on the Amendment of Certain Acts
Decision 3049/2020 on practice of religion
Constitutional complaint against the judgement No. 23.Szk.11.933/2018/5 of the Miskolc District Court (breach of peace, practice of religion)
Decision 3002/2020. on conditions of performing tour operator activity
Constitutional complaint against Section 5 (4) to (5) of the Government Decree No. 213/1996. (XII. 23.) Korm. on the tour operator and travel agency activities and the judgement No. Kfv.III.37.192/2017/7 of the Curia (conditions of performing tour operator activity)
Decision 3/2020 on purchasing electronic cigarette
Posterior norm control aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 11 (1) of the Fdtv. incorporated in Section 65 of the Act CCXXIV of 2015 on the amendment of certain Acts in the field of healthcare and health insurance – entering into force on 20 May 2016 and amending the Act CXXXIV of 2012 on repelling smoking among young people and on the retail trade of tobacco products (Fdtv.) – (restriction of the rules on purchasing tobacco products, purchase of electronic cigarette)
Decision 23/2019 on disclosure the image of a person exercising public authority
Constitutional complaint against the judgement No. 2.Pf.20.009/2018/4/II of the Budapest-Capital Regional Court of Appeal (violation of personality right)
Decision 3154/2019 on compensation due to detention conditions
Constitutional complaint against the ruling No. 1.Bpkf.226/2017/2 of the Székesfehérvár Regional Court (compensation due to detention conditions)
Decision 19/2019 on the violation of the rules on staying habitually on public ground
Judicial initiative aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 178/B (1) of the Act II of 2012 on Offences, the Procedure in Relation to Offences and the Offence Record System (violation of the rules on staying habitually on public ground)
Decision 14/2019 on establishing the conflict with the Fundamental Law and on annulling the ruling No. 59.Szk.1163/2017/6/I of the Szombathely District Court
Constitutional complaint against the ruling No. 59.Szk.1163/2017/6/I of the Szombathely District Court (public cleansing misdemeanour)
Decision 3069/2019 on disclosure of data of public interest
Constitutional complaint against the judgement No. Pfv.IV.21.749/2016/9 of the Curia (disclosure of data of public interest)
Decision 9/2019. on learning and behaviour difficulties
Posterior norm control against the text "of special education need" in Section 56 (1) and against Section 97 (1a) of the Act CXC of 2011 on National Public Education (exemption of pupils with integration, learning and behaviour difficulties)
Decision 2/2019 on interpretation of the Fundamental Law
Interpretation Article E) (2), Article R) (4), Article XIV (4) and Article 24 (1) of the Fundamental Law (transfer of competence to the European Union, group expulsion)
Decision 3/2019 on the support of illegal immigration
Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 353/A of the Act C of 2012 on the Criminal Code (facilitation and support of illegal immigration)
Decision 1/2019 on the case of pouring paint on a Soviet memorial
Examination of the admissibility of the constitutional complaint against Section 170 of the Act II of 2012 on Offences, the Procedure in Relation to Offences and the Offence Record System and the ruling No. 23.Szef.27/2017/3 of the Budapest-Capital Regional Court (freedom of expression)
Decision 25/2018 on establishing the conflict with the Fundamental Law of a provision of the law and on annulling it
Judicial initiative against Section 77 (2) of the Act LXXXIII of 1997 on the Benefits of Compulsory Social Security (decision made in the scope of equity, appeal)
Decision 24/2018 on the annulment of a judicial decision
Constitutional complaint against the judgement No. Pfv.III.21.285/2016/6 of the Curia (damages, medical malpractice)
Decision 21/2018 on disability benefits
Judicial motion aimed at at establishing the lack of conformity with an international treaty and annulling Section 12(1)(a) of the Act CXCI of 2011 on the Benefits for Persons of Altered Working Ability and on the Amendment of Certain Acts (disability benefit)
Decision 17/2018 on noise emission threshold of race courses with international licence
Judicial initiative against Section 110 (6a) of the Act LIII of 1995 on the General Rules of Protecting the Environment and point 2.1.1 and point 2.2.1 of Annex 1 of the Government Decree No. 27/2008. (XII. 3.) Korm. on establishing the thresholds for environmental sound and vibration pollution (sound pollution - race course)
Decision 16/2018. on disqualification of an executive officer
Judicial initiative aimed at establishing the lack of conformity with the Fundamental Law and annulling the text "or in the preceding year" in the first sentence of Section 9/C of the Act V of 2006 on Public Company Information, Company Registration and Winding-up Proceedings (involuntary de-registration, disqualification of an executive officer)
Decision 13/2018 on declaring that Section 1 and Section 4 of the Act on amending, with respect to water abstractions, the Act LVII of 1995 on Water Management
Declaring that Section 1 and Section 4 of the Act on amending, with respect to water abstractions, the Act LVII of 1995 on Water Management
Decision 9/2018 (VII. 9.) on the interpretation of Art E) para (2) and (4), Art Q) para (3) and Art 25 of the Fundamental Law
Interpretation of Article E) paragraphs (2) and (4), Article Q) paragraph (3) and Article 25 of the Fundamental Law
Decision 8/2018. (VII. 5.) on annulling Judgment Pfv.IV.20.773/2016/5 of the Kúria
On annulling Judgment Pfv.IV.20.773/2016/5 of the Kúria; Press article, title / Public figure, personality rights
Decision 6/2018 On the right of lawfully settled non-Hungarian citizens to change their names
The constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the ruling No. 36.Kpk.45.927/2016/4 of the Budapest-Capital Administrative and Labour Court (change of name and legal gender reassignment, refugee)
Decision 3180/2018 on local government property
Judicial motion aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 74(4), Section 99/G and Section 99/H of the Act CXC of 2011 on National Public Education (local government property, public education institution)
Decision 3/2018 on the transparency of the foundations established by the Hungarian National Bank
Examination of the admissibility of the constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 3(5) of the Act CXII of 2011 on the Right of Informational Self-determination and the Freedom of Information and the judgement No. 2.Pf.20.123/2016/6/II of the Budapest-Capital Regional Court of Appeal (disclosing data of public interest)
Decision 19/2018 on the national security vetting of the public prosecutiton service
A posterior norm control submitted against Section 71 (4), Section 72/B (2) and (8) and Section 72/D (13)-(14) of the Act CXXV of 1995 on National Security Services (maintaining the relationship that serves as the basis of a national security clearing in the case of establishing a national security risk)
Decision 34/2017 on publishing a true report on a press conference
Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the judgement No. Pfv.IV.20.624/2016/9 of the Curia (objective liability of the press)
Decision 30/2017 on annulling Section certain provisions of the Act on Public Employment and on the Amendment of Acts Connected to Public Employment
Petition for posterior norm control submitted with the aim of establishing the lack of conformity with the Fundamental Law and annulling Section 33 para. (7), Section 132 para. (4) item a), Section 38 para. (9), Section 132 para. (4) item e) of the Act III of 1993 on Social Administration and Social Benefits and Section 1 paras (4a)–(4g), Section 2 para. (5) item g) of the Act CVI of 2011 on Public Employment and on the amendment of Acts related to Public Employment and other Acts (public employment; social benefits)
Decision 28/2017. on the sale and utilisation of State-owned lands
Petition for posterior norm control submitted against Section 31 para. (3) item 9 of the Government Decree 262/2010. (XI. 17.) Korm. on the detailed rules of utilising land parts belonging to the National Land Fund (sale and utilisation of State-owned lands)
Decision 19/2017. (VII. 18.) on annulling the decision on the uniform application of the criminal law No. 2/2016
On annulling the decision on the uniform application of the criminal law No. 2/2016 on interpreting sexual violence against a person under the age of 12 years
Decision 20/2017. (VII. 18.) on annulling the judgement No. 21.Pf.20.741/2015/4. of the Balassagyarmat Regional Court
On annulling the judgement No. 21.Pf.20.741/2015/4. of the Balassagyarmat Regional Court, Fair trial
Decision 12/2017. (VI. 19.) on annulling certain provisions of the Act on National Security Services
Annulling certain provisions of the Act on National Security Services regarding to the judicial independence
Decision 22/2016 on joint excercise of competences with the EU
Joint excercise of competences with the EU
Decision 16/2017 on revealing faces of police officers engaged in official business
The faces of police officers while on active duty need not be covered in the newspapers, news sites, and in the media in general, as their role as agents of public power outweighs their right to privacy.
Decision 3151/2016 on the refugee quota referendum
The refugee quota referendum
Decision 13/2016 on the ban on protesting in front of the Prime Minister’s house
On the ban on protesting in front of the Prime Minister’s house
Decision 14/2016 on the right to assembly
Constitutional complaint against the ruling No. 20.Kpk.45041/2014/3 of the Budapest-Capital Administrative and Labour Court (right of assembly)
Decision 3114/2016. on noise due to festival
noise due to festival
Decision 8/2016 on annulling the amendment to the Act on the Hungarian National Bank; transparency of public spending
On annulling the amendment to the Act on the Hungarian National Bank; transparency of public spending
Decision 7/2016 on the amendment to the Act on postal services
Amendment to the Act on postal services
Decision 32/2015 on compensation for victims of collapsed brokerage house
Compensation for victims of collapsed brokerage house
Decision 30/2015 on the right of assembly
Constitutional complaint against the ruling No. 27.Kpk.45.810/2014/2 of the Budapest-Capital Administrative and Labour Court (right of assembly)
Decision 28/2015 on early retirement of men
Early retirement of men
Decision 17/2015 on agricultural land-committees
Agricultural land-committees
Decision 16/2015 on management of state land
Management of state land
Decision 6/2015 on the Admission and Right of Residence of Third-Country Nationals
Finding of unconstitutionality and annulment of the phrase “lawfully” in Section 76 (1) of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals
Decision 6/2015 on stateless status
Finding of unconstitutionality and annulment of the phrase “lawfully” in Section 76 (1) of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals
Decision 4/2015 on publicity of Ministry’s personnel files
Publicity of Ministry’s personnel files
Decision 2/2015 on retail loan contracts
Retail loan contracts
Decision 28/2014 on the ban on publishing photographs showing police officers on duty
The ban on publishing photographs showing police officers on duty
Decision 34/2014 on the consumer forex based loans
Consumer forex based loans
Decision 32/2014 on the size of the living space available for a detainee in a prison cell
The size of the living space available for a detainee in a prison cell
Decision 3243/2014. on illegality of extraordinary termination
illegality of extraordinary termination
Decision 26/2014 on the election of members of Budapest Council
Election of members of Budapest Council
Decision 23/2014 on the stricter conviction for cumulative offenses
The stricter conviction for cumulative offenses
Decision 3194/2014 on the reduction of the smoking of minors
Constitutional complaint against section 12 (1) (l) of the Act CXCVI of 2011 on National Assets and section 2 of the Act CXXXIV of 2012 on Repelling Smoking Among Minors and on the Retail Trade of Tobacco Products
Decision 19/2014 on responsibility for internet comments
Responsibility for internet comments
Decision 3141/2014 on the winner compensation in the election system
The winner compensation in the election system
Decision 13/2014 on criticism of a public actor
Constitutional complaint related to the ruling No. 4.Bf.276/2013/7 of the Pécs Regional Court
Decision 9/2014 on On the unconstitutionality of continuous national security control
The unconstitutionality of continuous national security control
Decision 8/2014 on foreign currency loan contracts
Foreign currency loan contracts
Decision 8/2014. on foreign currency loan contracts
Foreign currency loan contracts
Decision 7/2014 on criticism of public figures
Criticism of public figures
Decision 36/2013 on the constitutional review of judicial case transfer
Constitutional review of judicial case transfer
Decision 24/2013 on the constitutional review of the Nullity Act
Constitutional review of the Nullity Act
Decision 21/2013 on publication of the report on the Hungarian State Opera’s economic audit
Annulment of court decisions concerning the refusal of publication of the report on the Hungarian State Opera’s economic audit
Decision 19/2013 on national security surveillance
The unconstitutionality of continuous national security control
Decision 12/2013 on constitutionality of the Fourth Amendment of the Fundamental Law
Constitutionality of the Fourth Amendment of the Fundamental Law
Decision 6/2013 on constiutionality of the Act on Churches
Constiutionality of the Act on Churches
Decision 4/2013 on use of symbols of totalitarian regimes
Use of symbols of totalitarian regimes
Decision 3/2013 on freedom of assembly
Freedom of assembly
Decision 1/2013 on the registration for elections
The registration for elections
Decision 45/2012 on Transitory Provisions of the Fundamental Law
Annulment of certain provisions of the Transitional Provisions to the Fundamental Law
Decision 42/2012 On the annulment of certain provision of the Act on Legal Aid
Annulment of certain provision of the Act on Legal Aid
Decision 43/2012 on the annulment of certain provisions of the Act on Protection of Families
Annulment of certain provisions of the Act on Protection of Families
Decision 40/2012 on the Act on Allowances to Persons with Reduced Work Capacity
Annulment of certain provisions of the Act on Allowances to Persons with Reduced Work Capacity
Decision 38/2012 on criminalising people living at public areas permanently
Annulment of certain provisions of the Act on Contraventions criminalising people living at public areas permanently
Decision 33/2012 on legal status and remuneration of judges
Legal status and remuneration of judges
Decision 32/2012 on student fees
Annulment of governmental decree concerning student fees
Decision 31/2012 on the suspension of the entry into force of a provision of the Act on the Protection of Families
Suspension of the entry into force of Section 8 of the Act CCXI of 2011 on the Protection of Families
Decision 22/2012 on interpretation of the Fundamental Law
Interpretation of Articles E.2 and E.4 of the Fundamental Law