HUN-1996-1-002

a) Hungary / b) Constitutional Court / c)  / d) 23-02-1996 / e) 3/1996 / f)  / g) Magyar Közlöny (Official Gazette), 14/1996 / h) .

Keywords of the Systematic Thesaurus:

01.02.02.04

Constitutional Justice - Types of claim - Claim by a private body or individual - Political parties.

01.03.04.06.01

Constitutional Justice - Jurisdiction - Types of litigation - Litigation in respect of referendums and other instruments of direct democracy  - Admissibility .

01.03.05

Constitutional Justice - Jurisdiction - The subject of review.

04.09.02

Institutions - Elections and instruments of direct democracy - Referenda and other instruments of direct democracy.

Keywords of the alphabetical index:

Resolution, parliamentary, nature.

Headnotes:

An individual resolution of Parliament on the admissibility of a popular referendum is not a legislative act.

Summary:

A political party (the Workers' Party) initiated a popular referendum on the question as to whether or not Hungary should join NATO. The party was able to collect more than 140,000 signatures (the minimum requirement is 100,000). Nevertheless Parliament with a resolution rejected the claim for the popular referendum because it considered it to be too early to hold a referendum on a question which the country was not in a position to decide. The petitioner considered that the parliamentary resolution violated both the provisions of the Constitution and the law on popular referenda.

The Constitutional Court, interpreting the provisions of the Act on Legislation, pointed out that an individual resolution deciding on the admissibility of a popular referendum is not a legislative act, and thus held that the Constitutional Court had no competence to adjudicate upon its constitutionality. The Constitutional Court also rejected other parts of the petition.

Languages:

Hungarian.