In an open letter, Tamás Sulyok has expressed his reaction to the political ideas that have been gaining momentum in recent months, which envisage the abolition with one stroke of a pen of the Fundamental Law and the dissolution of the Constitutional Court in the event of a change of Government.
The Constitutional Court, in connection with the judgment of the Court of Justice of the European Union on the status of foreigners unlawfully residing in the territory of the Hungarian State, has ruled, on the basis of the interpretation of the Fundamental Law, that where the joint exercise of competences is incomplete, Hungary shall be entitled, in accordance with the presumption of reserved sovereignty, to exercise the relevant non-exclusive field of competence of the EU, until the institutions of the European Union take the measures necessary to ensure the effectiveness of the joint exercise of competences. However, the Constitutional Court did not assess whether the incomplete effectiveness of the joint exercise of competences was realised in the specific case. The Constitutional Court also emphasised in its decision that the abstract interpretation of the Fundamental Law cannot be the subject of a review of the CJEU judgment, nor does the procedure in the present case extend to the examination of the primacy of EU law.
The Constitutional Court publishes detailed tables of its case-statistics at the end of each quarter and at the end of the year. Below is a summary of the key figures for the third quarter of 2021.
The Constitutional Court rejected the motions to establish a conflict with the Fundamental Law and annul certain provisions 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. The provisions challenged by a large number of petitioners gave immunity certificate holders additional rights compared to those who did not have them.
The Constitutional Court rejected the judicial initiative to declare that Government Decree No. 522/2020 (XI. 25.) Korm. on certain rules affecting higher education in times of the state of danger is contrary to the Fundamental Law, to annul it and to prohibit its application. The Constitutional Court found in its decision that the enforcement of the contested regulation does not violate the autonomy of higher education guaranteed by the Fundamental Law, provided that the maintainer, in making its decision, took the measure under the contested regulation in cooperation with the higher education institution and with the consent of the body representing the autonomy of the higher education institution. The existence of the consent of the Senate must be examined by the ordinary court in its proceedings.
The Constitutional Court publishes detailed tables of its case-statistics at the end of each quarter and at the end of the year. Below we summarise the key data for the first quarter of 2021 and provide an overview of the data on case-load and the decisions.
During the period of the epidemic emergency and the restrictive measures imposed due to the new wave of the epidemic, the Constitutional Court’s bodies will continue to meet online and the court staff will work in general from home.
The Constitutional Court decided in its most recent sitting on two cases implying the assessment of the limitations of the freedom of expression and freedom of the press, as well as the constitutionality of relevant judgements by the courts and the Curia. In both cases, the fundamental statement made by the Constitutional Court was paying respect to the inviolability of human dignity as also enshrined in the Fundamental Law.