2019. 05. 03. atlatszo.hu 1 The new Hungarian Constitution and its legal environment - Reflections and comments on international criticism •
Contents Foreword
2
The adoption procedure of the Fundamental Law of Hungary and the relevant cardinal laws
3
The new Hungarian media legislation, the role of the Media Council and other relevant bodies... 7 Political campaigning in the media during elections
14
The new election system of Hungary - criticism and background details regarding
20
The definition of'family' and 'marriage' in the Fundamental Law of Hungary
26
Educational matters - focusing on higher education
32
Rights of nationalities and ethnic minorities in Hungary
38
Reforms on the judicial system
45
Concerns and amendments regarding the transfer of cases in the Hungarian judicial system (National Judicial Office)
45
The 'transfer of cases' in the Hungarian judicial system
50
Hungarian Supreme Court [Curia) and the Supreme Prosecutor - new powers (request for abstract examination of the constitution) 54 The alleged discrimination of homeless people: prohibition of permanent living in public areas56 The Commissioner for Fundamental Rights
61
Changes in the powers of the Constitutional Court of Hungary
63
Curtailing the independence and the competences of the Constitutional Court: the status of the previous case law of the Court, restricting the power of the Court to review budgetary laws and abolishing the actio popularis 63 Restrictions to the powers of the Constitutional Court to review constitutionality of the Fundamental Law or Amendments thereto and the criticism of over-ruling the Court
70
The review of requests from ordinary courts: the '30-day limit'
78
Restriction of the power of the Constitutional Court to review laws related to public finance and state budget 81 The data protection supervisory authority and its independence
86
Possibility of imposing 'extra taxes' in case of court judgments leading to payment obligations 91 Freedom of expression and protection of ethnic minorities
95
Budget Council
100
Status of Churches & freedom of religion
103