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Constitutional Court of Hungary

The Constitutional Court of Hungary ( Hungarian Magyarország Alkotmánybírósága ) is the body of constitutional review in Hungary .

Constitutional Court of Hungary
Magyarország Alkotmánybírósága
Coat of arms or emblem.
Viewconstitutional Court
Jurisdiction Hungary
Established1990 year
Structurejudges are elected by parliament
Life time12 years
Of membersfifteen
Guide
The chairmanPeter Pacolay
Took officeJuly 3, 2008
Conference hall
Constitutional Court of Hungary.JPG
Constitutional Court Building in Budapest
LocationBudapest
Address1535 Budapest, Postafiók 773
Website
http://www.alkotmanybirosag.hu/ (Hungarian)

The Constitutional Court acts as the main body for the protection of the constitution, its main tasks are the consideration of the constitutionality of laws, the protection of the constitutional order and fundamental rights guaranteed by the constitution. The court is independent in nature and performs its tasks independently. It has a unique status and is not part of the regular judicial system; the judicial composition is formed by parliament.

Until 2012, the court was located in Esztergom . The official residence of the Constitutional Court is currently located in Budapest .

Content

Authority

The duties of the Constitutional Court include:

  • consideration of the constitutionality of laws adopted but not entered into force;
  • consideration at the request of the court hearing the constitutionality of the law, which should be applied in a particular case;
  • on the basis of an individual constitutional complaint of citizens, consider the constitutionality of legislation or a court decision taken on a case-by-case basis;
  • on the initiative of the government or 1/4 of the members of parliament, consider the constitutionality of laws;
  • verification of legislation for compliance with international standards ;
  • checking the procedure for appointing and holding a referendum ;
  • gives a binding opinion on the dissolution of municipal representative bodies when they violated the constitution;
  • gives a conclusion when the activity of the church conflicts with the constitution;
  • participates in the impeachment of the president ;
  • resolves conflicts of competence between state bodies or between them and municipal bodies;
  • carries out an official interpretation of the provisions of the constitution;
  • bridges legislative gaps when such gaps violate constitutional provisions.

Composition of the court

Since 2011, the Constitutional Court consists of 15 judges (previously consisted of 11 judges). The judicial composition is formed by the parliament on the basis of candidatures submitted by a special commission consisting of parliamentary factions . The compositional decision is taken by a 2/3 majority vote of the parliament. Then, the elected members of the court elect a chairman from among their members by secret ballot .

The term of office of judges is 12 years.

Literature

  • Gamian G. Experience of constitutional justice in Hungary // State and law. - 1993. - No. 9 . - S. 63-74 .
  • Witz R., Shalo A., Luneva E. Constitutional values ​​in the practice of constitutional justice in Hungary // Comparative constitutional review. - 2007. - No. 2 . - S. 83-98 .
  • Sheppel K.L. New Hungarian Constitutional Court // Constitutional Law: East European Review. - 2002. - No. 1 (30) . - S. 21-25 .

Links

Official Website (Hungarian )

Source - https://ru.wikipedia.org/w/index.php?title= Hungarian Constitutional Court&oldid = 100194307


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Clever Geek | 2019