We asked for a Review of the Supreme Court in our legal proceedings against the Constitutional Court

In the litigation against the Constitutional Court, we have approached the Supreme Court to overrule the legally binding decision of the Court of Appeals.

We have decided to use this extraordinary legal redress, because in our opinion the Court of Appeals made an unlawful decision in our litigation against the Constitutional Court. We wanted the courts to decide whether the Constitutional Court is required to share the motion of a Member of Parliament and his/her colleagues as public data. According to the opinion of the Court of Appeals, the motion reflects the personal opinion of the people putting it forward, so that data is defined as personal in nature and thus cannot be shared without the prior consent of the people in question.

The Court of Appeals could not come to a decision during this proceeding since the court of first instance came to an opposing decision and there was no proof given to the effect that the required data were trade secrets or would fall under the category of copyright.

For this reason the Court of Appeals asked the Court of First Instance for a re-trial, in which they had to decide whether the Constitutional Court was right in refusing sharing the information with the reasoning that these data were trade secrets or fell under the category of copyright. In the new proceedings the question has to be decided according to the guidelines of today’s decision.

Share

Related articles

HCLU called OGP to investigate the situation in Hungary

Last fall, the Open Government Partnership (OGP) adopted a new policy to help re-establish an environment for government and civil society collaboration, safeguarding the Open Government Declaration and to mitigate reputational risks to OGP. Today, members of Hungarian civil society, including representatives of the Hungarian Civil Liberties Union, Transparency International Hungary and K-Monitor, as well as Sunlight’s international policy manager, a former employee of K-Monitor, called on the OGP Steering Committee to take action under the new policy and launch a thorough investigation into the situation in Hungary, with a special attention to the deterioration of the space for civil society.

Draft law on data protection and freedom of information

The draft law – currently before the Parliament – on Data Protection and Freedom of Information will replace the independent Data Protection and Freedom of Information Commissioner with an administrative authority. This change will seriously diminish the level of privacy protection and weaken the right to access to information in Hungary.

There is No Effective Control Over National Security - Three Civil Organizations File Complaints with the Constitutional Court

The Eötvös Károly Institute, the Hungarian Civil Liberties Union, and Transparency International Hungary seek to jointly challenge the new Act on the protection of classified information, promulgated on April 1st, and several provisions of the Act on national security before the Constitutional Court.