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Tag: Curia

Curia President also expresses concerns about legal reform ideas coming from the opposition

picture of András Zs. Varga

Following comments published by Constitutional Court President Tamás Sulyok on Tuesday, András Zs. Varga (pictured) has also come out in support of the Fundamental Law drafted and adopted unilaterally by Fidesz.

According to the provisions of the Fundamental Law, the protection of Hungary’s constitutional identity is the responsibility of every state agency.

-wrote Varga, the head of the Curia High Court, in a letter responding to Sulyok’s comments. In Sulyok’s open letter to President János Áder and House Speaker László Kövér, the President of the Constitutional Court expressed his objection to statements by supporters of the opposition that they would repeal the Fundamental Law and dissolve the Constitutional Court in the event of a change of government.

András Zs. Varga assured Tamás Sulyok of his support in protecting “the Fundamental Law and order in Hungary.” At the same time, he pointed out that he had taken an oath in Parliament front of the “country colors” that he would stay loyal to the most important public legal document in the country.

Previously, four well-known lawyers critical of the current regime published a study stating that the opposition should take over the authority of the Constitutional Court on the first day of the new Parliament, while declaring the Fundamental Law null and void.

[Népszava]

Curia approves of Mayor Karácsony’s referendum questions

picture of people protesting

The Curia, Hungary’s High Court, validated referendum questions on Wednesday that had been submitted in July by Budapest Mayor Gergely Karácsony on Fudan University and the extension of a benefit for job seekers. The Curia upheld a previous ruling from the National Election Commission (NVB) at the end of August, which permitted two of Karácsony’s original five referendum questions.

The questions approved by the Curia are:

Do you agree that the maximum period for the payment of unemployment benefits should be 270 days?

Do you agree that the National Assembly should repeal Act LXXXI of 2021 on the Fudan Hungary University Foundation regarding the transfer of assets to the Fudan Hungary University Foundation?

NVB’s approval of the questions, however, were challenged in September by MP János Volner, who typically votes with the governing parties on all important matters despite being a nominally independent Member of Parliament.

In his submission, Volner referred to the lack of clarity on the question and maintaining obligations to international agreements, but the Curia rejected these appeals and upheld the decision of the National Electoral Commission in its Wednesday decision.

In April, a draft leaked in which the government had estimated the cost of building a Hungarian campus of the Chinese Fudan University at 540 billion Ft. (US $1.67 billion), with construction to be carried out primarily with Chinese raw materials, using Chinese labor, and through a Chinese-provided loan that Hungary would have to pay for.

Following the Curia’s decision on Wednesday, Gergely Karácsony wrote that “collecting signatures can start in a few days,” adding that he hoped to get 200,000 signatures this year.

This is an excellent opportunity for the opposition to get back on the streets and show its strength together, as we saw during the primary elections. It will be a test for us to be able to collect these signatures this year, but not impossible

-wrote Karácsony.

The mayor mentioned over a week ago that the Budapest City Council would not veto the 2023 World Athletics Championships over the Fudan University issue, as the two conditions to avoid the veto had been met. In addition, Mayor Karácsony believes the government and the Chinese have long given up on establishing a campus of the Chinese university in Hungary.

[444][Photo: Hungarians protesting the establishment of a Fudan University campus in Budapest, June 2021]

Civil groups ask Constitutional Court to reject question intended for “child protection” referendum

picture of people marching

The Hungarian Civil Liberties Union (TASZ) and seven of its civil partners appealed to the Constitutional Court in connection with the government’s “child protection” referendum, HVG has reported. The civil rights group wants to prevent a particular question relating to gender reassignment treatments from appearing on this or any future referendum.

TASZ recalled that four questions in what it calls a “homophobic and transphobic referendum” were approved by Parliament on Tuesday, but there is a fifth question that was not approved by the Curia, Hungary’s High Court. According to TASZ, the government hasn’t given up on this question and has taken the matter to the Constitutional Court for review.

Now the civil organizations want the Constitutional Court to rule that the single rejected question on the availability of gender reassignment treatments not be allowed to appear on any referendum.

The five-question referendum initiative presented by the government this summer was challenged by TASZ and other human rights organizations. The Curia eventually approved four questions, which were also passed by Parliament on Tuesday:

Do you support the promotion of gender reassignment treatments for minor children?

Do you support the display of media content showing gender reassignment to minors?

Do you support the unrestricted depiction of sexual-themed media content to minors that affect their development?

Do you support holding sessions on sexual orientation for minor children in public education institutions without parental consent?

In October, however, the Curia decided that it found the wording of a fifth question objectionable:

Do you support making gender reassignment treatments available for minor children?

Yet this court decision was not accepted by the government, which appealed to the Constitutional Court, claiming that his rights had been violated during the proceedings.

Amnesty International Hungary, Budapest Pride, Background Society, Labrisz Lesbian Association, Hungarian Helsinki Committee, Hungarian LGBT Association, HCLU and the Transvanilla Transgender Association are now requesting that the Constitutional Court reject the government’s motion and uphold the decision of the Curia, as they claim the judicial decision does not violate the rights of the government but protects the fundamental rights of the people and human dignity.

The Constitutional Court will first hear the government’s motion on December 7 concerning the fate of the fifth issue, TASZ writes.

[HVG]

Curia approves two more questions for government’s national referendum

picture of the Curia

The Curia, Hungary’s High Court, has ruled in favor of two more questions submitted by the government to appear on a proposed referendum after approving one other question a few days ago, reports Népszava.

Upholding an earlier decision by the National Election Commission (NVB), the court approved of the following questions for the national referendum:

Do you support holding sessions on sexual orientation for minor children in public education institutions without parental consent?

Do you support the unrestricted depiction of sexual-themed media content to minors that affect their development?

Both rulings by the Curia are final, and cannot be appealed.

With these judgments, the Curia has now ruled on four out of five referendum questions proposed by the government. On Monday, the High Court approved of the question, “Do you support the promotion of gender reassignment treatments for minor children?”

However, the Curia had previously rejected the wording of the fourth question, “Do you support making gender reassignment treatments available for minor children?” Last week, the government attacked this decision and has turned to the Constitutional Court for remedy, claiming that the ruling violates its right to a fair trial enshrined in the Fundamental Law.

Prime Minister Orbán announced in July that the government would be initiating a “child protection” referendum consisting of five questions. The NVB certified all five questions for the referendum, but they were later challenged in court by organizations and private persons and headed to the Curia for final approval.

There is now only one question remaining for the High Court to decide on: “Do you support the display of media content showing gender reassignment to minors?”

In addition, Parliament recently changed election rules so that referendums may now be held on the same day as Parliamentary, municipal, or European elections, so there is a strong chance that voters will get to have a say at the same time in both the government’s referendum and who they want to send to Parliament next spring.

[Népszava]

Hungary’s High Court approves of referendum question

picture of the Curia

The Curia, Hungary’s High Court, issued a ruling on Monday approving one of the questions in a referendum proposed by the government, namely, “Do you support the promotion of gender reassignment treatments for minor children?”

Over the summer, the government proposed five questions for a new “child protection” referendum, which was an integral part of a campaign to help whip up homophobic tempers. All five questions were approved by the National Electoral Commission without a hitch, but were later challenged in court by organizations and private persons.

The five questions then came before the Curia for approval, which rejected the wording of one of the questions and caused the government to turn to the Constitutional Court for remedy.

Three more referendum questions are still yet to be decided by the Curia, specifically:

  1. Do you support the display of media content showing gender reassignment to minors?
  2. Do you support the unrestricted depiction of sexual-themed media content to minors that affect their development?
  3. Do you support holding sessions on sexual orientation for minor children in public education institutions without parental consent?

Monday’s decision by the Curia is final.

[Magyar Hang][Photo: kuria-birosag.hu]