Constitutional Court of Hungary

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The Constitutional Court of Hungary (Hungarian: Magyar Köztársaság Alkotmánybírósága) is a supreme court of Hungary, the other being the Supreme Court of Hungary.

The Constitutional Court is composed of 11 judges. The members then elect the President of the Court from among its members in a secret ballot. One or two Vice-Presidents, appointed by the President of the Court, stand in for the President in the event of his absence for any reason. The constitutional court passes on the constitutionality of laws, and there is no right of appeal on these decisions.The Constitutional Court serves as the main body for the protection of the Constitution, its tasks being the review of the constitutionality of statutes, and the protection of constitutional order and fundamental rights guaranteed by the Constitution. The Constitutional Court performs its tasks independently. With its own budget and its judges being elected by Parliament it does not constitute a part of the ordinary judicial system.

[edit] Establishment

In January 1989 the Hungarian Parliament passed a resolution on the establishment of the Constitutional Court. Its organisation and authority, however, had been determined earlier in the framework of the trilateral political roundtable negotiations preparing the democratic transformation of the political system. The basic provisions on the Constitutional Court were laid down in October 1989 by Parliament by way of amending the Constitution (Article 32/A). The court was set up in order to promote the establishment of a state governed by the rule of law as well as the protection of constitutional order and fundamental rights. Act XXXII of 1989 on the Constitutional Court was passed by Parliament on 19 October 1989, and the Constitutional Court started its work on 1 January 1990.

[edit] Members

The Hungarian Constitution declares that members of the Constitutional Court shall be elected by Parliament. It also determines the rules of such elections. Impartiality is guaranteed by having proposed members of the Constitutional Court to be put forward by a nominating committee consisting of one member each from the factions of parties represented in Parliament and shall be elected by a two-thirds majority of all Members of Parliament. Hungarian law provides that only jurists of outstanding theoretical knowledge or having at least twenty years of legal practice may be elected members of the Constitutional Court. Membership is for a term of nine years and members may be re-elected once. The office of judges of the Constitutional Court comes to an end when they reach the age of 70 years.

The current composition of the court includes the following judges: