Administrative and labour courts
The Fundamental Law of Hungary defines the court system as a multi-level structure and provides for the establishment of specialised courts for certain types of cases. Within the court system, administrative and labour courts (közigazgatási és munkaügyi bíróságok) operate as specialised courts.
Administrative and labour courts have been in operation since 1 January 2013. Prior to this, their tasks were carried out by labour courts and general courts.
As a court of first instance, an administrative and labour court hears cases concerning the judicial review of administrative decisions or concerning employment relations and similar legal relations, as well as other cases referred to it by law. The general court or, in cases concerning judicial review, the Supreme Court (Kúria) acts as the court of second instance.
Constitutional Court (Alkotmánybíróság)
The Constitutional Court is an independent body functioning separately from the court system.
The Constitutional Court is the principal body for the protection of the Fundamental Law and has its seat in Budapest.
The Constitutional Court consists of fifteen members elected for twelve years by a two-thirds majority of the members of the Hungarian Parliament. A President is elected from among the members of the Constitutional Court by a two-thirds majority of the members of Parliament. The President’s mandate lasts until the end of his/her term in office as a Judge of the Constitutional Court. Members of the Constitutional Court are barred from being members of political parties or engaging in political activities. The details of the jurisdiction, organisation and functioning of the Constitutional Court are laid down in cardinal laws.
- the review of the constitutionality of legislation which has been adopted but not yet promulgated;
- the review, at the initiative of a judge, of the constitutionality of legal acts to be applied in a specific case;
- the review, following a constitutional appeal, of the constitutionality of legal acts to be applied in a specific case;
- the review, following a constitutional appeal, of the constitutionality of judicial decisions;
- the review of the constitutionality of legislation at the initiative of the Government, one quarter of the members of Parliament or the Commissioner for Fundamental Rights (alapvető jogok biztosa);
- the review of the compliance of legislation with international treaties;
- the exercise of other powers and performance of further duties provided for in the Fundamental Law or other cardinal laws.
Acting within its remit under points (b), (c) and (d), the Constitutional Court strikes down legal acts and other legislative decisions found to be in breach of the Fundamental Law;
acting within its remit under point (d), it annuls judicial decisions found to be in breach of the Fundamental Law;
acting within its remit under point (f), it may strike down legal acts and other legislative decisions found to be in breach of an international treaty;
or impose the legal consequences established by cardinal law.
You can find additional information on the website of the Constitutional Court of the Republic of Hungary (Magyar Köztársaság Alkotmánybírósága).
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