HUN-1994-2-012

a) Hungary / b) Constitutional Court / c)  / d) 24-06-1994 / e) 35/1994 / f)  / g) Magyar Közlöny (Official Gazette), 68/1994 / h) .

Keywords of the Systematic Thesaurus:

01.03.02.01

Constitutional Justice - Jurisdiction - Type of review - Preliminary / ex post facto review.

05.03.39.03

Fundamental Rights - Civil and political rights - Right to property - Other limitations.

Keywords of the alphabetical index:

Real estate.

Summary:

Several provisions of a new law on arable land have been challenged by the President of the Republic before the promulgation of that law. As a result of a preliminary control of constitutionality, the Constitutional Court upheld the challenged provisions. The Court has several times declared that the Constitution is neutral from the point of view of economic policy. A prohibition of economic intervention by the State cannot be derived from the Constitution. The Constitutional Court cannot adjudicate upon the economic policy of the legislative and executive.

In the specific case the Constitutional Court took into consideration that arable land is a limited good and cannot be substituted or increased. This justifies the imposition of reasonable limits on the acquisition of arable land. However, it emphasised that restrictions on the acquisition of arable land in order to promote the development of appropriate property structures must be provisional and reasonably motivated. The exclusion of foreign citizens from the acquisition of land property was found by the Court appropriate and reasonable. It upheld the constitutionality of a provision excluding Hungarian corporations from the acquisition of arable land, thus hoping to prevent any abuse of right.

Supplementary information:

Three judges wrote dissenting opinions - including the President of the Court who wrote a concurring opinion as well.

Languages:

Hungarian.