Could the Constitutional Court also be endangered?

A legal expert has raised concerns that integrating the Constitutional Court into the Supreme Court could carry substantial risks, potentially undermining Hungary's legal framework. The expert argues that the Constitutional Court's specialized role in abstract norm control and constitutional interpretation differs fundamentally from the regular courts' application of law in individual cases.

According to the analysis, transferring the handling of mass basic rights complaints to the already heavily burdened Supreme Court would likely slow down the judicial process significantly. This, in turn, could weaken the crucial separation of powers, a cornerstone of democratic governance. The current system is seen as a bulwark against the "arbitrary rule of the majority," ensuring that the Constitutional Court acts as a check within the parliamentary democracy.

Furthermore, the expert highlights that the requirement for a two-thirds majority to elect members of the Constitutional Court ensures that its composition reflects broad consensus rather than a narrow political group. This mechanism is crucial for protecting minority rights and preserving long-term constitutional values, preventing a simple majority or a temporary two-thirds majority from easily altering fundamental rules.

The argument for maintaining the current leadership and structure of public law is based on the principle that the rule of law requires institutional reliability and predictability, not constant "system change." Rapid, personality-driven purges or radical transformations citing a new constitution could lead to instability, distrust, and international legal disputes. The expert asserts that the current functioning of Hungary's constitution and Constitutional Court demonstrates the nation's capacity to safeguard democratic values independently, based on its own constitutional identity. The Hungarian Constitutional Court, operating for over 30 years, is presented as one of the most successful institutions of the rule of law, having navigated the post-communist transition and the introduction of the new fundamental law.