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Opinion on the Fourth Amendment to the Fundamental Law of Hungary

Opinion 720/2013 (2013)

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Opinion on the Fourth Amendment to the Fundamental Law of Hungary

European Commission for Democracy through Law (Venice Commission)
Opinion 720/2013 (2013)

KS

Facts

In 2012, Hungary adopted a new constitution that limited the power of the Constitutional Court (the court) and expanded the power of the legislature. In 2013, the Hungarian legislature, with a two-thirds majority, adopted the Fourth Amendment to the 2012 constitution (fourth amendment). The explicit purpose of the fourth amendment was to overrule multiple, specific court decisions. In response to the activities in Hungary, the secretary general of the Council of Europe (plaintiff) requested that the European Commission for Democracy through Law (also known as the Venice Commission) review the fourth amendment to determine its conformity with Hungary’s obligations to constitutionalism, rule of law, and democracy as a member of the Council of Europe. The minister of foreign affairs of Hungary also requested that the Venice Commission review the fourth amendment for its compatibility with Hungary’s international commitments as a member of the Council of Europe. In response, the Venice Commission investigated and subsequently issued an opinion that raised concerns about the fourth amendment and the actions of the Hungarian legislature.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Comparative Constitutional Law

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