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MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
Section 26
“(1) Under Article 24 (2) (c) of the Fundamental Law an individual or organisation
involved in a particular case may lodge a constitutional complaint with the
Constitutional Court where, owing to the application of a piece of legislation in the
court proceedings conducted in the particular case,
allegedly contrary to the Fundamental Law (a) their rights enshrined in the
Fundamental Law have been violated, and
(b) they have exhausted the available legal remedies or no remedies are available.
(2) By way of an exception to subsection (1), Constitutional Court proceedings may
also be initiated under Article 24 (2) (c) ... of the Fundamental Law, where
(a) the grievance has occurred directly, without a court ruling, as a result of the
application or the entry into effect of a provision of the law [allegedly] contrary to the
Fundamental Law, and
(b) no remedy is available for redressing the injury, or the complainant has already
exhausted the available remedies.”
Section 27
“An individual or organisation involved in a particular case may file a constitutional
complaint with the Constitutional Court against a court ruling allegedly contrary to the
Fundamental Law under Article 24 (2) (d) of the Fundamental Law, where the ruling
given on the merits of the case, or another ruling closing the court proceedings,
(a) violate the complainant’s rights enshrined in the Fundamental Law, and where
(b) the complainant has already exhausted the remedies or no remedies are available
to him or her.
...”
Section 29
“The Constitutional Court shall admit the constitutional complaint if a conflict with
the Fundamental Law significantly affects the judicial decision, or if the case raises
constitutional-law issues of fundamental importance.
...”
Section 56
“(1) The Constitutional Court shall decide on the admission of a constitutional
complaint sitting as a committee as determined in its Rules of Procedure.
(2) The committee shall examine, within its margin of appreciation, the contentrelated requirements for the admissibility of a constitutional complaint – in particular
the requirement of being affected, for the purposes of sections 26 to 27, the
requirement of exhaustion of legal remedies and the conditions specified in sections
29 to 31.
(3) Where a complaint is not admitted, the committee shall give a decision
containing a short summary of the reasons for rejection.