The cabinet will restrict the powers of the Court with “another drastic method” in response to rulings that strike down several laws important to the governing parties in recent weeks, news website Origo reports, citing Fidesz sources.

The Court last November struck down a decree which classed use of public area as a regular way of life to a misdemeanour.

In January the court struck down several provisions of the act on election proceedings as unconstitutional.

Speaker Laszlo Kover has repeatedly criticised the judges, who, he said “stepped on a political path” with their decisions.

In a recent radio interview Kover said the ruling on homeless people “cannot be derived from any constitutional principle”.

Instead of the constitutional court practice of the past 20 years, the court could only take into account the spirit of the Basic Law, Origo writes.

Under the present provisions of the Basic Law only the cabinet, one-fourth of MPs or the civil rights ombudsman can ask the Constitutional Court to review harmony between legislation and the constitution.

Under the Fidesz proposals, the prosecutor general and the head of the Kuria would also be permitted to turn to the court.

Fidesz opines that before taking positions on individual issues, the Constitutional Court would be obliged to ask for the opinion of those affected in a case.

Kosa said the aim is to further democracy and openness in the work of the Constitutional Court.

Fidesz MEP Jozsef Szajer confirmed to Magyar Hirlap on Wednesday that those provisional measures which the Constitutional Court struck down for formal reasons in December will be incorporated in the Basic Law.

A decision could be reached on details at next week's Fidesz caucus meeting.

Sources told Nepszabadsag that this is not Fidesz’s first attempt to regulate the Constitutional Court, as they immediately curbed the court's powers when the judges struck down the 98% tax on severance pay.

The Socialist Party called on Prime Minister Viktor Orban not to attempt to establish post-2014 governing by eliminating what remains of the rule of law.

Source: Hungary Around the Clock

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