Saatja: Tóth J. Zoltán Dr. <
[email protected]>
Teema: Question (legitimacy of Constitutional Court / Supreme Court decisions)
Dear Colleague!
The Constitutional Court of Hungary and the Supreme Court (Curia) of Hungary have set up a joint working group to examine the issue: in the name of what or who should the ordinary courts and the Constitutional Court make decisions in Hungary. (Before 2012 in Hungary the Constitutional Court and the ordinary courts made their decisions „on behalf [in the name] of the Republic of Hungary”.)
In order to complete our task, we have to conduct a comparative examination of the countries across Europe relating the matter. As a member of the drafting team in the Constitutional Court, it is my job to explore the legitimacy of constitutional court decisions in Europe. I therefore respectfully ask you to help with our work and decision-making by answering three short questions.
Ad 1) Does the Constitutional Court of your country decide on behalf of anyone (eg "on behalf of the people", "in the name of the state", "on behalf of the president / king / queen", etc.)
Ad 2) If the answer to the first question is "yes", in the name of what or who does it? That is, what is the ultimate source of legitimacy of its decisions?
Ad 3) Is the legitimacy of the decisions of the Constitutional Court different from that of the ordinary courts? (Is it the same reference for the two organs?)
Thank you in advance if you can help the Constitutional Court of Hungary and our working group with your answer.
Kind regards:
Zoltan J. Toth
Chief counsellor
Constitutional Court of Hungary