The President and the Vice-Presidents of the Curia of Hungary as well as their staff members were engaged in a constructive consultation with the representatives of the Venice Commission on the ninth amendment to the Fundamental Law of Hungary.
The online consultation held on 20 May 2021 covered the institutional notion of public interest trusts carrying out a public service function. The Curia’s President and the Curia’s Vice-President responsible for the uniformed application of the courts’ case-law emphasised that, since 2011, the Fundamental Law had been providing a detailed and consistent regulation in respect of public funds, in particular, had been offering a definition thereof. The practice of the courts and the Constitutional Court, therefore, serves as guidance in that regard. The use of public funds entails an obligation to provide information of public interest.
The parties to the consultation also interpreted the relevant procedural rules in force concerning the available legal remedies in case of the adoption of children by single adopters.
Following the Venice Commission’s enquiry, the Curia’s representatives have pointed out that, in second instance administrative court proceedings, the 800-year-old Curia has a full review jurisdiction, while in judicial review proceedings, it acts as a court of cassation and reviews mainly the legality of the impugned decision and is allowed to examine the case’s factual background only in exceptional circumstances. Based on the facts that the Constitutional Court exercises a constitutional control over the Curia’s adjudication and that the Curia’s powers and competences are regulated by the Fundamental Law, the Curia of Hungary ensures that the cases brought before it are dealt with in a uniform manner and in accordance with the Fundamental Law.
Budapest, the 21st of May 2021
The Communications Department of the Curia of Hungary