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Constitutional tools available to president against PM-designate's threats: expert
🇭🇺 Hungary /Elections & Politics

Constitutional tools available to president against PM-designate's threats: expert

From Magyar Nemzet · (2d ago) Hungarian

Translated from Hungarian, summarized and contextualized by DistantNews.

TLDR

  • Legal expert Béla Pokol suggests President Tamás Sulyok has constitutional tools to counter potential legal violations by Prime Minister-designate Péter Magyar.
  • Pokol proposes the President could initiate abstract constitutional interpretation at the Constitutional Court if Magyar's public statements or actions are deemed unconstitutional.
  • This process could establish a precedent, potentially marking Magyar as the first prime minister to commit constitutional violations while still in a candidate position.

As reported by Magyar Nemzet, a prominent voice in Hungarian media, legal scholar Béla Pokol has outlined the constitutional avenues available to President Tamás Sulyok to address the increasingly aggressive public statements made by Péter Magyar, the designated prime minister.

The head of state could also do the following before the announced constitutive session: withdraw his already announced proposal for prime minister in light of Péter Magyar's insults and publicly state that he is only willing to propose another leader of the Tisza Party, which won the elections, to the National Assembly.

— Béla PokolBéla Pokol, a former constitutional judge, outlined potential actions President Tamás Sulyok could take in response to Péter Magyar's public statements.

Pokol, a former constitutional judge, suggests that President Sulyok could initiate abstract constitutional interpretation at the Constitutional Court. This legal mechanism, outlined in the constitutional court law, allows for the interpretation of the fundamental law in relation to specific constitutional issues. The focus would likely be on Article C(1) of the fundamental law, which enshrines the principle of the separation of powers.

The commentary highlights the potential for Magyar's public attacks on the head of state and other branches of power to be considered unconstitutional. If the Constitutional Court finds such actions to be in violation of the law, it could set a significant precedent in Hungarian legal and political history. This would be particularly notable given Magyar's position as a prime ministerial candidate.

The President of the Republic, the government, or the commissioner for fundamental rights may initiate an interpretation of a provision of the fundamental law by the Constitutional Court in connection with a specific constitutional legal problem, if the interpretation can be directly deduced from the fundamental law.

— Béla PokolPokol cited the constitutional court law to explain the process of abstract constitutional interpretation.

Magyar Nemzet emphasizes that while conflicts between branches of power are not uncommon, the constitutional system provides clear rules for their resolution. Circumventing these rules, especially through public pressure and accusations, could be deemed unconstitutional. The publication frames these developments as crucial for upholding the integrity of Hungary's constitutional order.

The operation of the Hungarian state is based on the principle of the separation of powers.

— Béla PokolPokol referenced Article C(1) of the fundamental law to underscore the importance of the separation of powers.
DistantNews Editorial

Originally published by Magyar Nemzet in Hungarian. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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