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.
Provisions on legal aid should be available also for proceedings before the Constitutional Court. There should be no exclusion of persons with reduced financial resources from access to legal aid financed from the state budget, necessary for the effective enforcement of their rights in the course of constitutional complaint proceedings.
The Act on Protection of Families had an excessively restrictive interpretation of the notion of family when it stated that the family is defined as marriage between a man and a woman plus their direct descendants or adopted children. In addition, excluding registered partners from inheritance was in breach of the Civil Code to an extent that could not have been resolved through interpretation.
See also Decision 31/2012.
The basic requirements of legal certainty and equal opportunity shall prevail during the transformation of the rehabilitation system.
Legislative provisions which rendered permanent living in the public space a regulatory offence, which accorded unduly wide legislative powers to local governments to impose fines or even detention on homeless persons, and to define punishable anti-social behaviour, and which empowered local governments to confiscate the property of homeless people, violate the rights and human dignity of the affected persons, as well as the prohibition of discrimination and the principle of legal certainty.
New provisions on the compulsory retirement age of judges cannot have retroactive effect.
The terms of contracts for students receiving state scholarships contained in a governmental decree should have been incorporated into an Act.
A provision on inheritance in the Act on the Protection of Families was not entered into force because it did not conform to the Civil Code.
See also Decision 43/2012
The authorisation for expressing consent to be bound by every international treaty that results in further sovereignty-transfer to the European Union requires the votes of two-thirds of all Members of Parliament.
Due to express limits, provided by law, on the scope of the Constitutional Court’s jurisdiction to conduct abstract review of constitutional norms, the Court rejected the petition of the Government requesting abstract interpretation of two free press provisions of the Fundamental Law.