recent translations summaries

Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the ruling No. 6.Pkf.51.643/2022/4 of the Budapest Environs Regional Court (enforcement of keeping contacts)

Judicial initiative aimed at establishing a conflict with the Fundamental Law and the annulling section the second sentence of 34 (2) of the Act LIII of 1994 on the Enforcement of Court Decisions (advance of costs in enforcement procedure)

Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the judgement No. 8.K.700.864/2020/27 of the Debrecen Regional Court and section 1 (2) of the Government Decree No. 141/2000. (VIII. 9.) (speech disorder, disability allowance)

Constitutional complaint seeking a declaration that section 75/B (2) c), section 75/B (3) b) and section 7/C (3) of the Act XLVII of 2009 on the Criminal Records System, on the Register of Convictions of Hungarian Citizens by the Courts of the Member States of the European Union and on the Register of Biometric Data in Criminal and Law Enforcement Matters are in conflict with the Fundamental Law and the seeking their annulment (disclosure of data relating to persons who have committed an offence against the freedom of sexual life or sexual morality which is harmful to children)

Constitutional complaint against the judgement No. Pfv.IV.21.047/2021/6 of the Curia (violation of personality right in the context of belonging to a community)

Petition for posterior norm control aimed at establishing a conflict with the Fundamental Law and the annulling of sections 1, 2, 3, 4, 6, 7, 8, 10, 16, 20, 33, 35, 36, 37, 39 of the Act LXVIII of 2019 on the amendment of certain Acts necessary for the reform of the institutional structure and the financing of the system for research, development and innovation (regulation of the Hungarian Academy of Sciences)

Constitutional complaint on the annulment of the rulings No 9.Mpkf.25.782/2018/3. and 9.Mpkf.25.781/2018/3. of the Gyula Regional Court and the rulings No 3.M.17/2018/7. and 3.M.24/2018/7. of the Gyula Administrative and Labour Court, and against section 227 (3) of Act CXXX of 2016 on the Civil Procedure (absence of the legal representative)

Judicial initiative against section 2 of the Government Decree No. 22/2019 (II. 25.) on the repeal of the Government Decree 449/2013 (XI. 28.) on the procedure for the return of cultural property of disputed ownership held in public collections and on the transitional provisions related thereto (modification of the laws applicable to the restitution procedure)

Judicial initiative against section 8 (2) of the Act CXC of 2011 on National Public Education (exemption from mandatory kindergarten care)

Constitutional complaint against the judgement No. 5.K.700.188/2020/9 of the Pécs Regional Court (countersigning by an attorney-at-law)

Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the judgement No. Pfv.IV.20.849/2021/4 of the Curia (rectification in the press)

Posterior norm control aimed at establishing incompatibility with the Fundamental Law and annulling certain provisions of the Act CXXXIX of 2018 on the Spatial Planning Plan of Hungary and Certain Priority Regions of Hungary (exceptions to the statutory rules on the protection of the environment and the waterfront)

Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling Section 159/A of the Act C of 2003 on Electronic Communications (protection of personal data)

Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the text “directly” in the first phrase of Section 1 (2) 3) of the Act CXCI of 2011 on the Benefits for Persons of Altered Working Ability and on the Amendment of Certain Acts (invalidity benefit)

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)

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)

Constitutional complaint against the ruling No. Pfv.II.20.234/2021/3 of the Curia (non-voluntary medical treatment)

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)

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)

Rejecting the petition aimed at establishing a conflict with the Fundamental Law and annulling the ruling No. Knk.IV.40645/2021/19 of the Curia

Constitutional complaint against the ruling No. 49.Pkf.636.669/2020/3 of the Budapest-Capital Regional Court (supplementing the keeping of contacts)

Constitutional complaint against the Government Decree No. 446/2021 (VII. 26.) on the measures necessary to ensure the safety of air transport during a state of danger and the smooth transport of equipment essential for COVID protection (right of strike)

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)

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)

Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the ruling No. 12.Szk.14.366/2020/4 of the Central District Court of Pest (violation of road traffic regulations at a car-gathering)

Constitutional complaint against the ruling No. 104.Kpk.750.204/2021/5 of the Budapest-Capital Regional Court (nationality election case)

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)

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)

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)

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)

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)

Constitutional complaint against the judgement No. Pfv.IV.20.432/2018/7 of the Curia (violation of personality right; legal person)

Posterior norm control submitted against Section 132 (3a) of the Act XIX of 1998 on Criminal Procedures (lack of the upper limit of the period of pre-trial detention)

Posterior norm control aimed at establishing the lack of conformity with the Fundamental Law and annulling the Act LXX of 2019 on the amendment of certain Acts related to public education and repealing Act CCXXXII of 2013 on the Provision of National Public Education Textbooks (public education, provision of textbooks)

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)

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)

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)

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)

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)

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)

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)

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)

Constitutional complaint against the judgement No. Mfv.II.10.279/2018/3 of the Curia (payment of remuneration for standby duty)

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)

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

Constitutional complaint against the judgement No. 23.Szk.11.933/2018/5 of the Miskolc District Court (breach of peace, practice of religion)

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)

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)

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)

Constitutional complaint aimed at establishing the lack of conformity with the Fundamental Law and annulling the judgement No. 13.Pf.20.706/2014/6 of the Szekszárd Regional Court of Appeal (disclosing data of public interest, Paks Nuclear Power Plant)

Constitutional complaint against the ruling No. 1.Bpkf.226/2017/2 of the Székesfehérvár Regional Court (compensation due to detention conditions)

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)

Constitutional complaint against the ruling No. 59.Szk.1163/2017/6/I of the Szombathely District Court (public cleansing misdemeanour)

Constitutional complaint against the judgement No. Pfv.IV.21.749/2016/9 of the Curia (disclosure of data of public interest)

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)

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)

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)

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)

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)

Constitutional complaint against the judgement No. Pfv.III.21.285/2016/6 of the Curia (damages, medical malpractice)

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)

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)

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)

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

Interpretation of Article E) paragraphs (2) and (4), Article Q) paragraph (3) and Article 25 of the Fundamental Law

On annulling Judgment Pfv.IV.20.773/2016/5 of the Kúria; Press article, title / Public figure, personality rights

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)

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)

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)

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)

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)

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)

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)

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)

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

On annulling the judgement No. 21.Pf.20.741/2015/4. of the Balassagyarmat Regional Court, Fair trial

Annulling certain provisions of the Act on National Security Services regarding to the judicial independence

Joint excercise of competences with the EU

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.

The refugee quota referendum

On the ban on protesting in front of the Prime Minister’s house

Constitutional complaint against the ruling No. 20.Kpk.45041/2014/3 of the Budapest-Capital Administrative and Labour Court (right of assembly)

noise due to festival

On annulling the amendment to the Act on the Hungarian National Bank; transparency of public spending

Amendment to the Act on postal services

Compensation for victims of collapsed brokerage house

Constitutional complaint against the ruling No. 27.Kpk.45.810/2014/2 of the Budapest-Capital Administrative and Labour Court (right of assembly)

Early retirement of men

Agricultural land-committees

Management of state land

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

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

Publicity of Ministry’s personnel files

Retail loan contracts

The ban on publishing photographs showing police officers on duty

Consumer forex based loans

The size of the living space available for a detainee in a prison cell

illegality of extraordinary termination

Election of members of Budapest Council

The stricter conviction for cumulative offenses