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Filters on: Rule of law

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  • Sample of constitutional complaint for civil servants dismissed

    In its decision issued on 15 February the Constitutional Court ruled unanimously that the provisions on the unreasoned dismissal of civil servants are unconstitutional. However, the Court annulled the provisions only by 30 May 2011. The HHC stressed that those dismissed before 31 May 2011 may launch a constitutional complaint with the Constitutitonal Court, and has prepared a sample in order to help civil servants affected to submit their complaint.

  • The Third Wave – The New Constitution

    The Eötvös Károly Policy Institute, the Hungarian Civil Liberties Union and the Hungarian Helsinki Committee have examined the draft Constitution of Hungary submitted to the Parliament on 14 March 2011. According to the NGOs the draft Constitution undermines democratic political competition and makes political change more difficult by transforming institutional structures, weakens the system of checks and balances and alters the framework of the political community by extending the right to vote. The draft Constitution decreases the level of protection of fundamental rights and significantly limits the enforceability of these rights through curbing the Constitutional Court’s powers. Since there is no information available on the planned content of the acts of Parliament requiring a two-third majority to be adopted, it may be stated that the adoption of the new Constitution will be only the beginning of the constitution-making process, not the end of it.

  • Open letter to MEP József Szájer

    Open letter to MEP József Szájer by the Hungarian Helsinki Committee, the Hungarian Civil Liberties Union and the Eötvös Károly Institute concerning Mr Szájer’s blog post on the English translation of the  draft Constitution of Hungary.

  • Documents submitted to the EP by the Hungarian Government concerning the draft Constitution are misleading

    Three Hungarian NGOs, the Eötvös Károly Policy Institute, the HCLU and the HHC have submitted background materials to the leaders of the European Parliament groups concerning the draft Constitution of Hungary, such as the list of the most problematic substantive issues, a document drawing attention to those instances of erroneous or missing English translation of the draft text that concern the issues that are the gravest from the point of view of human rights and the rule of law, and comments on the background materials distributed to MEPs by the Hungarian Government.

  • The new Constitution of Hungary is unacceptable due to the deficiencies of the constitution-making process

    The Eötvös Károly Institute, the Hungarian Civil Liberties Union and the Hungarian Helsinki Committee compiled a joint analysison the process of framing the new Constitution of Hungary. The three NGOs submitted their comments to the Venice Commission, the Council of Europe’s advisory body on constitutional matters, which will form an opinion in the near future on the process of framing the new Constitution of Hungary. According to the analysis, the current way of designing the Constitution makes one doubt whether this document will be worthy of being called the Constitution of Hungary. The NGOs claim that the need for a new Constitution was not supported by adequate reasons, the new Constitution has been prepared in secret, the open public debate and the debate of experts over the text was missed and due to procedural rules of adopting it, the new Constitution will be the product of one political party.

  • HHC: private pension law is unconstitutional

    The Hungarian Helsinki Committee requested the Constitutional Court to repeal the legal provisions setting out that those remaining members in private pension funds lose their future state pension. The private pension law was debated by the Constitutional Court for the first time this week.

  • Constitutional Court annuls rules on unreasoned dismissal for civil servants

    The Hungarian Helsinki Committee has also petitioned the Constitutional Court regarding the unjustified dismissal of civil servants. In its decision issued on 15 February the Constitutional Court ruled unanimously that the relevant provisions are unconstitutional. However, the Court annulled the provisions only by 30 May 2011. The HHC would like to stress that those dismissed before 31 May 2011 may launch a constitutional complaint with the Constitutitonal Court.

  • NGOs turn to Viviane Reding

    NGOs turn to the Viviane Reding, the European Commission’s Vice-President in charge of Justice, Fundamental Rights and Citizenship.

  • HHC: the deprivation of the rights of the Constitutional Court cannot be justified with financial reasons

    According to the Hungarian Helsinki Committee’s opinion measures taken against contracts, which run into good morality cannot be the ground for the unprecedented restriction of the Constitutional Court’s scope of authority. No Hungarian government is authorized to limit the tasks of the most important democratic  institution and disregard its decisions because of its current political interests.




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