The Hungarian Constitutional Court’s practice on restrictions of fundamental rights during the special legal order (2020–2023)

Abstract

ABSTRACT The paper deals with the practice of the Hungarian Constitutional Court regarding the restrictions of fundamental rights during the state of danger between 2020 and 2023. The state of danger – which is a type of special legal order in Hungary – was first introduced in March 2020 due to Covid-19. The rules of the Fundamental Law related to the special legal order reserve the Government the opportunity of broader restrictions on certain fundamental rights than in a normal legal order. It was the first period when the Constitutional Court could have established its practice and defined its own role in a special legal order, since the democratic transition in Hungary. The need for the interpretation of the constitutional rules on special legal order never applied before has posed a significant challenge to the Constitutional Court. The paper first examines the development of the constitutional rules on special legal order situations since the democratic transition, then reviews the most important parts of the Constitutional Court’s practice on the cases related to the restrictions of fundamental rights in special legal order with a focus on the elements of the test used for checking the constitutionality of the challenged items of legislation.