The Commissioner's reply to the petition claiming the restriction of the Government's "exclusive power"

Press release:

The Commissioner's reply to the petition claiming the restriction of the Government's "exclusive power"

AJB-4807/2012

The Commissioner for Fundamental Rights refused to turn to the Constitutional Court for examining whether the Government forces to achieve exclusive power. Máté Szabó held that the Commissioner had neither competence nor standards for such an enquiry.

The Freedom and Reform Institute (‘Szabadság és Reform Intézet') claimed the Commissioner to turn to the Constitutional Court. The Institute stated that a large number of statutes made it possible for the Government to achieve exclusive power. The Institute quoted the ius resistendi declared in Aticle C) para (2) of the Basic Law: "No one's activities shall be aimed at the acquisition or exercise of power by force, or at the exclusive possession of power. Everyone shall have the right and obligation to resist such attempts in a lawful way".

In his reply the Commissioner pointed out that in his competence he could only apply the provisions of the Basic Law; instead of abstract constitutional principles. The competences of the ombudsman derive from the Basic Law, which also defines the limits of the competences. At the Constitutional Court the ombudsman can challenge pieces of legislation if they conform to the Basic Law. Exercising this competence, the Commissioner has already challenged several acts that have been also criticised by the Institute.

Concerning the ius resistendi the ombudsman holds that it can only be invoked in the case of unconstitutional exercise of power. Article C) para (2) does not pertain to the case when the political majority exercise their power within the frames of the Basic Law.

27/09/2012