Amendment No. 11 | Doc. 13229 | 24 June 2013

Request for the opening of a monitoring procedure in respect of Hungary

Signatories: Mr David DAVIES, United Kingdom, EDG ; Mr Pedro AGRAMUNT, Spain, EPP/CD ; Mr Viorel Riceard BADEA, Romania, EPP/CD ; Ms Theodora BAKOYANNIS, Greece, EPP/CD ; Mr Márton BRAUN, Hungary, EPP/CD ; Mr Agustín CONDE, Spain, EPP/CD ; Ms Ismeta DERVOZ, Bosnia and Herzegovina, EPP/CD ; Mr Axel E. FISCHER, Germany, EPP/CD ; Mr Erich Georg FRITZ, Germany, EPP/CD ; Ms Pelin GÜNDEŞ BAKIR, Turkey, EDG ; Mr Giorgi KANDELAKI, Georgia, EPP/CD ; Mr José Ignacio PALACIOS, Spain, EPP/CD ; Mr Gabino PUCHE, Spain, EPP/CD ; Mr Spyridon TALIADOUROS, Greece, EPP/CD

Origin - 2013 - Third part-session

In the draft resolution, replace paragraph 7 with the following paragraph:

"The Assembly, confirming the opinion of the Venice Commission, takes the view that the Fourth Amendment of the Fundamental Law creates the possibility for the Constitutional Court to examine the Fundamental Law and its amendments from procedural aspects. At the same time the Assembly calls upon the Hungarian authorities to ensure all safeguards in respect of the constitutional examination of budgetary regulation."

Explanatory note

Since its inception the practice of the Constitutional Court is that the Constitution can only be revised from a procedural aspect. However, neither the former Constitution nor the Fundamental Law regulated this competence until the Fourth Amendment was adopted. In this respect, there is no common European practice.