Die verlorengegangene Institution. Die Frage der parlamentarischen Wahlprüfung vor dem Nationalen Runden Tisch 1989 in Budapest

Abstract

SUMMARY Jurisdiction over disputed parliamentary elections by petition was an English (British) institution in origin. It became an especially important institution in Hungary because there were numerous instances of corrupt practice in the nineteenth and twentieth centuries. In the early years (1848/49, 1861, 1865–68) the plenary sessions of the Chamber of Deputies decided the issue, later parliamentary commissions acted (1868–1901), then the Royal Curia as Supreme Court (királyi Curia) joined in as well (1901–18). After the restoration of the two-chamber parliament the Hungarian Royal Administrative Court (magyar királyi Közigazgatási Bíróság) functioned almost as a constitutional court, becoming really suitable for the task (1927–44). The end of this parliamentary institution was brought about by the founding of the Electoral Court (Választási Bíróság), drawn partly from the parties and partly from the three highest courts (1945–47). During the ‘change’ in 1989 Kálman Kulcsár, Minister of Justice, wanted to delegate the question to the newly founded Constitutional Court (Alkotmánybíróság), but the members of the opposition recommended a new Electoral Court (Választási Bíróság), and legal scholars shared this opinion. On 25 August 1989 the National Round Table (Nemzeti Kerekasztal) finally decided to disregard this traditional institution. ‘Legal remedies’ against electoral mistakes—which have short-term effects—belong to the sphere of authority of election bodies set up by the electoral law; appeals against their decisions are possible to the competent court, e.g. from the National Electoral Committee (Országos Választási Bizottság) to the Supreme Court (Legfelsóbb Bíróság). Solving this problem is difficult even in bagatelle cases (for instance breaking campaign silence). After the 2002 elections an opposition demand was made for a recounting of the votes, which raises the issue of renewing the traditional Hungarian institution lost in 1989.