Hungary: The Ombudsman Turned to the Constitutional Court Because of the Provisions of the Law on Churches
Cerf Institute - According to the opinion of the Commissioner for Fundamental Rights the legal provisions regulating the recognition of churches are in contrary to the principle of separation of power, to the right to fair procedure and to the right to legal remedy. After analysing the initiatives of many religious organisations Szabó Máté turned to the Constitutional Court.
The Ombudsman finds the provision contrary to the Fundamental Law, which not considering the constitutional principle of separation of power among government branches allows the Parliament to decide by itself and on church status recognition without the right to an appeal.
The close relation to freedom of religion makes it indispensable that the decision on the recognition of the church, on rendering the religious status meets all guarantees protecting fundamental rights. If it is at the discretion of the decision-maker to give the religious status, then the aspects of deliberation have to be regulated by Act. The Act lacks such principles and provisions. The refusal should be reasoned, but the Act also lacks the requirement of reasoning in case of refusal. Thus we would never learn the reason of the refusal - stated Szabó Máté. Legal remedy has to be guaranteed against the decision on church status and the current regulation lacks it.
The Ombudsman emphasises that on the basis of the principle of separation of power the Parliament cannot exercise tasks, during which it makes political decisions affecting fundamental civil rights without having appropriate constitutional guarantees.