EUR;CoE;EU;CECC;JCCJ;WCCJa) Hungary / b) Constitutional Court / c) / d) 30-06-1993 / e) 42/1993 / f) / g) Magyar Közlöny (Official Gazette), 85/1993 / h) .
Keywords of the systematic thesaurus:
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Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review.
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General Principles - Certainty of the law.
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General Principles - Legality.
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Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
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Keywords of the alphabetical index:
Summary:
Parliament enacted a bill in February 1993 amending the Criminal Procedure Act of 1973 making it obligatory for public prosecutors to level accusations in certain cases even if they had become statute-barred. The President of the Republic did not sign the bill but turned to the Constitutional Court for prior control of constitutionality. The Court turned down the bill by the same arguments that are set forth in decision no. 11 of March 5, 1992. The bill violates the principle of the rule of law, legality and legal certainty.
Supplementary information:
One of the justices wrote a dissenting opinion. Third consecutive ruling on the same subject.
Cross-references:
For this same reason: decision no. 11/1992. (III.5.) AB határozat
Hungarian.