A regulation, previously in force, which had allowed the transfer of judicial cases, was contrary to the right to a fair trial under both the Fundamental Law and the European Convention on Human Rights; in particular, the principle of the lawful judge and the right to an impartial court. The regulation failed to fully define instances in which case transfer was permissible, authorised the President of the National Office for the Judiciary to appoint the acting court at his or her discretion, and did not provide any remedy for the concerned person against the decision of the President of the National Office for the Judiciary concerning the case transfer.
An Act which invalidates convictions for vandalism, use of force and hooliganism related to the 2006 riots based solely on police reports is not unconstitutional.
The right to access and disseminate data of public interest is violated when access is refused on the basis that the public data requested was to form the basis of a later decision and the examination of its content was not taken into consideration.
Parts of an amended Act on the rules of national security surveillance which introduced continuous surveillance were likely to be in breach of the Fundamental Law and were suspended on a temporary basis due to insufficient time for thorough constitutional review prior to their scheduled entry into force.
In terms of the Fourth Amendment to the Fundamental Law, the Court, as the principal organ for the protection of the Fundamental Law, will continue to interpret and apply the Fundamental Law as a coherent system and will consider and measure all provisions of relevance to the decision in a given matter.
Allowing Parliament to decide on the status of churches could result in political decisions. Decisions in such cases should be taken by independent courts. The State must ensure that religious communities receive special status as «religion» based upon objective and reasonable criteria, and in compliance with the right to freedom of religion and the requirement of fair procedure. Legal remedy against such decisions must be guaranteed.
A provision of the Criminal Code prohibiting the use of symbols of totalitarian regimes violates the requirement of legal certainty, and in this context, the freedom of expression.
The Constitutional Court for the first time exercised its competence to overturn a court decision which was found contrary to Fundamental Law. The ordinary court had failed to review the merits of a decision declaring lack of competence on the part of the police because of an agreement on the use of public area with the Municipality of Budapest.
Mandatory «early voter registration» restricts the right to vote without constitutional justification. Limitations on the publication of political advertisements and public opinion polls violate freedom of expression.