Gábor Mészáros - Exceptional Governmental Measures without Constitutional Restraints

20.500.12592/hvfvkz

Gábor Mészáros - Exceptional Governmental Measures without Constitutional Restraints

15 Jan 2023

According to the general explanatory memorandum of the Ninth Amendment, the new regulation (“reform”) “realizes the reform of the constitutional regulation of the special legal order, clarifying the constitutional obligations related to defence and security, the related rights of the Parliament through changes in the forms of special legal order, the national referendum subjects, the constitutiona. [...] The experiences of the recent crisis management, from the misguided and ill-timed introduction of restrictive measures, the initial downplaying of the threat posed by the coronavirus and the abuse of the law to the weeks and months when Hungary was leading worldwide in mortality per capita, have actually confirmed the incompetence and the legal and political irresponsibility of the Government.16 R. [...] One of the indispensable requirements of the rule of law and legal certainty in relation to legal norms is the clarity of the norm, the lack of which raises serious concerns due to the possibility of abusing the special legal order.37 It is also important to point out in the context of the increased role of the Government with regard to special legal order that although formally it is the Parliame. [...] Since neither the amendment of the Defence Act and the Disaster Management Act, nor the adoption of a new cardinal law limiting the measures that can be taken by the Government is pending at the time of finalising the manuscript of the present study, it can be reasonably assumed that in the future, the cardinal law referred to by the Fundamental Law will equal Articles 80-81 of the Defence and Sec. [...] A similar dilemma in the context of the state of war and the national defence crisis is the rule relating to the fulfilment of allied commitments, as both laws refer to this, but while the Defence Act refers to the preparation for the fulfilment of the obligation, the Fundamental Law refers to the actual fulfilment of the obligation.
Pages
22
Published in
Hungary