In Budapest on Friday, the Fourth Amendment to the Fundamental Law was the subject of discussions between Minister of State for Justice Róbert Répássy and a delegation from the Venice Commission. Mr. Répássy said that a number of the panel members’ questions ‘demonstrated bias.’
The Minister of State told the Hungarian press agency MTI that under his leadership specialists from the Ministry of Public Administration and Justice met with a six-member delegation from the Venice Commission. At the meeting Mr. Répássy’s team handed over a nearly fifty-page explanatory text related to the Fourth Amendment to the Fundamental Law which they had prepared in English; this was to assist the rapporteurs from the Venice Commission in understanding the Constitution and the background to legislative amendments following its adoption. A unified English translation of the Fundamental Law was also handed over.
Mr. Répássy said that questions from members of the delegation related to a number of matters, including the grounds for constitutional amendment, the relationship between the Fundamental Law and its transitional provisions, changes affecting the remit of the Constitutional Court, the transferring of legal proceedings from one court to another, and election campaigns.
‘On a number of occasions members of the Venice Commission demonstrated bias. It was also said that, although they would study the detailed documentation provided by us, it was not expected that their opinions would change,’ said the Minister of State for Justice, adding that the delegation arrived in Budapest with preconceptions. Mr. Répássy also said that Government representatives have asked the body to conduct a detailed study of the Hungarian legislation, to compare it with international practice, and to refrain from using double standards in relation to Hungary – in other words, to base their examination on legal grounds rather than political grounds. ‘During the meeting there was no response to this request,’ he added. Mr. Répássy also said that the delegation is expected to release its draft opinion in May; the Hungarian cabinet hopes that it will be the first recipient, giving it the opportunity to respond to it, and only after this will the committee release it to the public. He noted that this has been the practice up to now.
The Minister of State reiterated that representatives of the Venice Commission had arrived in Hungary at the invitation of Foreign Minister János Martonyi to observe adoption by Parliament of the Fourth Amendment on 11 March.
The Fourth Amendment to the Fundamental Law is the most comprehensive so far, comprising twenty-two articles, which incorporate into the Constitution the majority of the transitional provisions previously annulled by the Constitutional Court. Among these are, for example, the statement condemning communism, the system for official recognition of churches by Parliament, and legislation relating to nationalities in Hungary. In addition the amendments have formalised the possibility for agreements for students of higher education, a ban on the use of public space as permanent dwelling areas, and the principle that the Constitutional Court may only review the Constitution with a view to the procedural requirements contained within it. The Venice Commission is an independent body of experts specialising in constitutional law, operating under the auspices of the Strasbourg-based Council of Europe.
For the Hungarian Government’s report to the Venice Commission on the Fourth Amendment, please see the document attached.
(Ministry of Public Administration and Justice)