NUMBER OF DECISIONS

Decisions by the plenary Court published in the official gazette (Magyar Kozlony): 13
Decisions by chambers published in the official gazette: 14
Number of other decisions by the plenary Court: 12
Number of the other decisions by chambers: 15
Number of other (procedural) orders: 45
Total number of decisions: 99

NOTE:

One member of the Court, Justice Geza HERCZEGH was elected in May 1993 to the International Court of Justice in The Hague, therefore the Court now functions with nine members.
The Court was in summer recess from 20 July to 29 August.

SUBJECT MATTER AND SUMMARY OF IMPORTANT DECISIONS:

I.

1. Identification: Hungary - Constitutional Court - Decision No. 26/1993. (IV.29.) AB hatarozat - Pension Case.
2. Keywords of the systematic thesaurus:

INSTITUTIONS - Social State.

FUNDAMENTAL RIGHTS - Economic, social and cultural rights - Right to social security.

3. Keywords of the alphabetical index:Social security.

4. Summary:

The Parliament decided to increase the amount of old-age pensions and other allowances, but fixed the maximum of the increase both in percent and in nominal sum. The petitioners claimed that this violated their right to social assistance provided by the Constitution. The Constitutional Court's ruling pointed out that the social insurance - in part inherited from socialism - still has a mixed nature: partly it is an insurance, partly a social benefit. No one has a constitutional right to the protection of the same living standard.

5. Supplementary information: The Court is split on the issue of social rights; in this case four pstices out of ten wrote dissenting opinions.

II.

1. Identification: Hungary-Constitutional Court-Decision No. 23/1993.(IV.15.)AB hatarozat - Rules of Police Service Case.

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - The subject of review - Rules issued by the executive.
INSTITUTIONS - Army and police forces.
FUNDAMENTAL RIGHTS - Civil and political rights - Right to family life.

3. Keywords of the alphabetical index:Rules of police service / Right to marriage.

4. Summary:

The rules of the police service are published in Hungary as a supplement to a ministerial decree. The service rules require policemen to request permission from the commander before marriage. The Court declared that the right to marriage is protected by the Constitution as a part of the general right to personality. The protection of marriage provided by the Constitution comprises the freedom of marriage too. This right can be restricted, especially under the special conditions of military service, but only by the legislature. The supplement of a ministerial decree is not a constitutional way to limit a basic right, therefore the Court abolished the challenged provisions.

5. Supplementary information: Decision by a three-member chamber of the Constitutional Court.

III.

1. Identification: Hungary-Constitutional Court-Decision No. 29/1993. (V. 4.) AB hatarozat.

2. Keywords of the systematic thesaurus:

FUNDAMENTAL RIGHTS - Civil and political rights - Right to property.

3. Keywords of the alphabetical index: Right to property.

4. Summary:

The Court declared unconstitutional and abolished Government and ministerial decrees issued in 1984 regulating the distribution of office spaces and other premises. This system was leftover from the socialist economy of shortage characterised by aggressive State intervention into property relations. The Court protects the right to property as a fundamental right.

5. Supplementary information: Settled case-law of the Court. Two justices wrote together a dissenting opinion.

IV.

1. Identification: Hungary - Constitutional Court - 38/1993. (VI. 11.) AB hatarozat, Magyar Kozlony (Official Gazette) No. 75/1993.

2. Keywords of the systematic thesaurus:

INSTITUTIONS - Courts - General organisation.
INSTITUTIONS - Courts - Procedural safeguards - Independence.

3. Keywords of the alphabetical index: Independence of judges / Organisation of the judiciary / Appointment of judges.

4. Summary:

Under Hungarian law, the Minister of Justice has several powers in appointing the presidents of the courts at different levels. The amendment to the Judiciary Act in 1991 introduced new self-governing institutions (judicial councils), but did not abrogate the Minister's powers. Therefore claimants challenged the constitutionality of the Act. The Constitutional Court upheld the validity of the law, but defined the constitutional requirements of the appointments. The appointment of judges by another branch (e.g. the executive) must be counterbalanced by the judiciary or by another branch. In the case of participation by the judiciary, their opinion should substantially determine the appointment.

5. Supplementary information: Two justices wrote dissenting opinions, one justice attached a concurring opinion.

V.

1. Identification: Hungary - Constitutional Court - 41/1993. (VI. 30.) AB hatarozat, Magyar Kozlony (Official Gazette) No. 85/1993.

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - The subject of review - Legislative or quasi-legislative regulations.
CONSTITUTIONAL JUSTICE - Constitutional proceedings.
CONSTITUTIONAL JUSTICE - Common principles or techniques of interpretation -Principles of legality.
INSTITUTIONS - Principles of State organisation - Rule of law.
FUNDAMENTAL RIGHTS - Civil and political rights - Non-retrospective effect of criminal law.

3. Keywords of the alphabetical index: Statute of limitation / Non-retroactivity of criminal laws.

4. Summary:

After the Constitutional Court turned down in March 1992 a bill that aimed to lift the statute of limitations for political crimes, the Parliament voted an authoritative resolution on the interpretation of the statute of limitations. The scope of the resolution was to exempt the period between 1944 and 1989 from the term of limitation. The Court declared the regulation unconstitutional both for formal and substantive reasons. An authoritative resolution of Parliament does not meet the requirements set for a legislative act. It cannot regulate questions concerned with the basic rights of citizens, and violates the principles of legality and legal certainty. Substantively the resolution was found to be unconstitutional too because it is ex post facto legislation, making retroactive criminal prosecution possible.

5. Supplementary information: One of the justices wrote a dissenting opinion. Second ruling of the Court on the same subject.

VI.

1. Identification: Hungary - Constitutional Court - 42/1993. (VI. 30.) AB hatarozat, Magyar Kozlony (Official Gazette) No. /1993.

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Type of review- Preliminary review.
INSTITUTIONS - Principles of State organisation - Rule of law.
FUNDAMENTAL RIGHTS - Civil and political rights - Non-retrospective effect of criminal law.

3. Keywords of the alphabetical index: Statute of limitation / Non-retroactivity of criminal laws.

4. Summary:

Parliament enacted a bill in February 1993 amending the Criminal Procedure Act of 1973 making it obligatory for public prosecutors to level accusations in certain cases even if they had become statute-barred. The President of the Republic did not sign the bill but turned to the Constitutional Court for prior control of constitutionality. The Court turned down the bill by the same arguments that are set forth in decision No. 11/1992. (III. 5.) AB hatarozat. The bill violates the principle of the rule of law, legality and legal certainty.

5. Supplementary information: One of the justices wrote a dissenting opinion. Third consecutive ruling on the same subject.

VII.

1. Identification: Hungary - Constitutional Court - 48/1993. (VII. 2.) AB hatarozat, Magyar Kozlony (Official Gazette) No. 87/1993.

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Type of review - Preliminary review.
FUNDAMENTAL RIGHTS - Civil and political rights - Freedom of expression.
FUNDAMENTAL RIGHTS - Civil and political rights - Rights in respect of the audiovisual media and other means of mass communication.

3. Keywords of the alphabetical index: Access to media.

4. Summary:

A bill regulating the distribution of radio and television broadcasting frequencies was sent to the Constitutional Court by the President of the Republic for preliminary review. The Court upheld most of the bill's provisions. It declared/ however, that the Government had not fulfilled its duty to regulate the rules for the distribution of licences for local radio and TV studios.

5. Supplementary information: One of the justices dissented, joined by another justice.