Transformation of the Hungarian Constitutional Court: Tradition, Revolution, and (European) Prospects

Abstract

The new Constitution and the new Act are changing the status of the Hungarian Constitutional Court by developing the Hungarian constitutional tradition, creating better collaboration between the Constitutional Court and the ordinary judiciary, and establishing an effective instrument for the protection of individual human rights. But the pattern of the Parliament reacting to the rulings of the Constitutional Court with constitutional amendments reduces the competences of the Constitutional Court. It is to be hoped that this process is coming to an end, because otherwise the achievement of the “paradoxical revolution of law” is endangered.Due to the former extensive competences in terms of law review and its limited influence on ordinary jurisdiction, the status of the Constitutional Court caused problems. Because of the abstract nature of the procedures, the distance from the ordinary judiciary, and the power dilemma between the Constitutional Court and the Parliament respectively, the Government decided the main stream of its ruling up to 2012.Now there are some important changes, especially the introduction of a widespread constitutional complaint. The abolition of the actio popularis is justified. The relationships between the state organs seem to be better clarified and adjusted. The European clause of the 1949/1989 Constitution, which was largely retained in the Fundamental Law, contains a fundamental concept, which is that the European Union is founded on strong sovereign Member States. On the other hand, the Fundamental Law strengthens Hungary's ties to Europe by making these an integral part of that law. As the Constitutional Court had not yet really applied the European Clause, it now has the opportunity to put these two concepts into practice and make them mutually compatible by enforcing them at a high level.The discussions concerning the newest constitutional developments in Hungary mainly have their origin in the power struggle between the constituent majority of the Parliament and the Constitutional Court. It is not clear, however, how long this conflict will continue to be a matter falling solely within the national sovereignty of Hungary. Due to the parliamentary super-majority of the governing parties, the Constitutional Court is losing its power. Hungary is a unitary state; it is an open question whether there is any substitution needed to balance the power of the governing parties. Nevertheless, in spite of the substantial restrictions on reviewing the constitutionality of financial laws and the several amendments of the new Constitution, the Constitutional Court still plays a role in safeguarding democratic checks and balances. Indeed, it can have a positive impact on the European integration of Hungary. It has been granted new competences to guarantee constitutional unity within the Hungarian legal system and to complete the enforcement of individual rights. The Constitutional Court should make better use of its new granted competence to remedy any possible grievance entirely.