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2012. December 29.
Decision 45/2012 on Transitory Provisions of the Fundamental Law
Decision number: Decision 45/2012. (XII. 29.)
Subject of the case:
Annulment of certain provisions of the Transitional Provisions to the Fundamental Law
Transitional Provisions adopted under the Fundamental Law are not valid where they do not comply with the requirements for the adoption of such provisions under the Fundamental Law. Parliament, acting as a constitution-amending power, must comply with the constitutional requirements of law-making. The Fundamental Law may only be amended directly, through the appropriate constitutional procedure. Indirect amendment of the Fundamental Law, through the addition of general normative rules contained within transitional provisions, which purport to become an integral part of the constitutional text, is not permitted.