HUN-1993-2-012

a) Hungary / b) Constitutional Court / c)  / d) 30-06-1993 / e) 41/1993 / f)  / g) Magyar Közlöny (Official Gazette), 85/1993 / h) .

Keywords of the Systematic Thesaurus:

01.03.05.07

Constitutional Justice - Jurisdiction - The subject of review - Quasi-legislative regulations.

02.02.02.02

Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.

03.10

General Principles - Certainty of the law.

03.13

General Principles - Legality.

05.03.38.01

Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.

Keywords of the alphabetical index:

Statute of limitation / Parliament, resolution / Crime, political, limitation.

Summary:

After the Constitutional Court turned down in March 1992 a bill that aimed to lift the statute of limitations for political crimes, the Parliament voted an authoritative resolution on the interpretation of the statute of limitations. The scope of the resolution was to exempt the period between 1944 and 1989 from the term of limitation. The Court declared the regulation unconstitutional both for formal and substantive reasons. An authoritative resolution of Parliament does not meet the requirements set for a legislative act. It cannot regulate questions concerned with the basic rights of citizens, and violates the principles of legality and legal certainty. Substantively the resolution was found to be unconstitutional too because it is ex post facto legislation, making retroactive criminal prosecution possible.

Supplementary information:

One of the justices wrote a dissenting opinion. Second ruling of the Court on the same subject.

Languages:

Hungarian.