Baluarte
05-07-2013, 12:44 PM
Hungary’s basic law guarantees stable democracy and a state based on the rule of law, German constitutional lawyer Rupert Scholz, of the Christian Democratic Union (CDU) told public television M1 late on Monday.
Scholz, a former Defence Minister in 1988-89, said Hungary’s constitution is partly modeled on Germany’s constitution and it is above all in keeping with the Charter of Fundamental Rights of the European Union. Hungary’s constitution is exemplary in the former communist block in guaranteeing civil and human rights, he added.
“Some of the misinterpretations and the unfounded criticism” of the Hungarian basic law could have been prevented if it had been discussed more frequently in the European Parliament, the European Commission and the Council of Europe right from the beginning, he said. Still, many of the critical concerns expressed by the EP and the CoE are “absolutely groundless,” he added.
The Hungarian constitution, including its fourth amendment, is fully in line with all European constitutional standards, he said.
The constitution guarantees a special position to the Constitutional Court and there are few basic laws in the world that include “such a strong and clear credo” about this body, he said.
In line with the constitution, all citizens have the right to submit complaints to the Constitutional Court about laws that he or she believes violate basic rights, Scholz said. Very few countries in the world guarantee this possibility, he added.
In line with the fourth amendment, the Constitutional Court oversees legislation and if legal regulations are in keeping with the basic law. No restrictions have been introduced in the body’s authority in this respect, he said. At the same time, the Constitutional Court is not entitled to oversee constitutional amendments and whether these are in keeping with the constitution but “this is evident and applies to all constitutional courts in the world,” he added.
“This has been an improvement and by all means not a restriction,” Scholz said.
Hungary is “going through a unique development” and the constitution therefore includes a series of preliminary provisions. The Constitutional Court has decided that several of these should be incorporated in the basic law and that is what legislators did with the fourth amendment. According to Scholz, this would not have been necessary but parliament has acted to fulfil the Constitutional Court’s decision.
Scholz, a former Defence Minister in 1988-89, said Hungary’s constitution is partly modeled on Germany’s constitution and it is above all in keeping with the Charter of Fundamental Rights of the European Union. Hungary’s constitution is exemplary in the former communist block in guaranteeing civil and human rights, he added.
“Some of the misinterpretations and the unfounded criticism” of the Hungarian basic law could have been prevented if it had been discussed more frequently in the European Parliament, the European Commission and the Council of Europe right from the beginning, he said. Still, many of the critical concerns expressed by the EP and the CoE are “absolutely groundless,” he added.
The Hungarian constitution, including its fourth amendment, is fully in line with all European constitutional standards, he said.
The constitution guarantees a special position to the Constitutional Court and there are few basic laws in the world that include “such a strong and clear credo” about this body, he said.
In line with the constitution, all citizens have the right to submit complaints to the Constitutional Court about laws that he or she believes violate basic rights, Scholz said. Very few countries in the world guarantee this possibility, he added.
In line with the fourth amendment, the Constitutional Court oversees legislation and if legal regulations are in keeping with the basic law. No restrictions have been introduced in the body’s authority in this respect, he said. At the same time, the Constitutional Court is not entitled to oversee constitutional amendments and whether these are in keeping with the constitution but “this is evident and applies to all constitutional courts in the world,” he added.
“This has been an improvement and by all means not a restriction,” Scholz said.
Hungary is “going through a unique development” and the constitution therefore includes a series of preliminary provisions. The Constitutional Court has decided that several of these should be incorporated in the basic law and that is what legislators did with the fourth amendment. According to Scholz, this would not have been necessary but parliament has acted to fulfil the Constitutional Court’s decision.