HUN-1996-3-009

a) Hungary / b) Constitutional Court / c)  / d) 25-10-1996 / e) 49/1996 / f)  / g) Magyar Közlöny (Official Gazette), 91/1996 / h) .

Keywords of the Systematic Thesaurus:

01.01.04.02

Constitutional Justice - Constitutional jurisdiction - Relations with other institutions - Legislative bodies.

01.03.05.10

Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.

01.03.05.15

Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.

03.09

General Principles - Rule of law.

04.06.02

Institutions - Executive bodies - Powers.

04.06.09

Institutions - Executive bodies - The civil service.

Keywords of the alphabetical index:

Status, legal / Government, member.

Headnotes:

Regulating the legal status and pay of the members of the Government and also the manner in which they may be impeached by a decision of the Council of Ministers violates the constitutional principle of the rule of law.

Summary:

The petitioner requested constitutional review of Article 13 of Law III of 1973 on the legal status of members of the Council of Ministers and the under-secretaries, according to which the head of the Council of Ministers has an authority to regulate the questions concerning the employment of the members of the Council of Ministers and under-secretaries. The petitioner also requested review of the decision of the Council of Ministers regulating the legal status of the leading civil servants. In the petitioner's opinion, the two legal regulations in question were unconstitutional, and the Constitutional Court should call upon the legislator to comply with its legislative duty concerning the legal status of the members of the Government.

The Constitutional Court declared that Article 13 of the Law in question is contrary to the rule of law since it is against the Constitution which requires that the legal status and pay of the members of the Government and also the way in which they may be impeached, should be regulated by statute (Article 39.2 of the Constitution).

The Constitutional Court also held unconstitutional the decision of the Council of Ministers based upon the unconstitutional authorisation of Article 13 of Law III of 1973.

According to Article 78.2 of the Constitution the Government bears the obligation of submitting to Parliament the Bills necessary for the enactment of the Constitution. Since the Government failed to submit the relevant bill, the Parliament could not meet its legislative obligation; therefore the Constitutional Court requested Parliament to comply with its legislative duty before 15 June 1997.

Languages:

Hungarian.