HUN-1996-3-008
a) Hungary / b) Constitutional Court / c)   / d) 04-09-1996 / e) 37/1996 / f)   / g) Magyar Közlöny (Official Gazette), 75/1996 / h) .
 
Keywords of the Systematic Thesaurus:
 
 
Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.
Sources - Categories - Unwritten rules - General principles of law.
Sources - Hierarchy - Hierarchy as between national and non-national sources.
 
Keywords of the alphabetical index:
 
Compensation / Treaty, Paris Peace / Expropriation, during World War II, compensation.
 
Headnotes:
 
The Hungarian Parliament failed to fulfil its legislative duty to compensate those Hungarian citizens whose property was taken unlawfully during the Second World War and not returned, although according to Article 29.3 of the Paris Peace Treaty, promulgated in Hungary by Law XVIII of 1947, the Hungarian Government undertook an obligation to recompense these Hungarian citizens.
 
Summary:
 
If the Constitutional Court finds that the legislator has failed to comply with its legislative duty deriving from a legal rule and thus given rise to an unconstitutionality, according to Article 49.1 of Law XXXII of 1989 on the Constitutional Court it shall request - appointing a term - the organ in default to fulfil its duty.
 
Article 7.1 of the Constitution declares that the legal system of the Republic of Hungary accepts the universally recognised rules and regulations of international law, and harmonises the internal laws and statutes of the country with the obligations assumed under international law.
 
Article 29.3 of the Paris Peace Treaty involves the obligation of the Hungarian Government to compensate those Hungarians whose property was taken unlawfully and without compensation by enacting the needed regulation into internal law. The Hungarian Government still had not complied with this obligation, therefore in order to redress this omission, the Constitutional Court called upon the Parliament to meet its legislative duty before the end of June 1997.
 
The Constitutional Court also stressed that during the process of compensation the Government should take into consideration previous Decisions of the Constitutional Court on this topic.
 
Languages:
 
Hungarian.