A bírói döntések ellen benyújtott alkotmányjogi panaszok tapasztalatai

Absztrakt

This paper presents an analysis of the so-called ’real’ or ’genuine’ constitutional complaint which is a new comptence of the Constuitutional Court of Hungary. It argues that the introduction of the new procedure has modified the power-sharing scheme in Hungary through the changing role of the Constitutional Court in the system of checks and balances. The study claims that the mere existence of the constitutional complaint makes human rights law more efficient already during the ordinal court procedures. In addition, together with the recently introduced admissibility procedure researchers must take into consideration the emergence of a new discipline, the constitutional procedural law. And last but not least the paper questions whether the Constitutional Court is not a ’supercourt’ or contrary to the more than hundered times declared general statement of the CC it revises in certain cases directly or indirectly the judgements of the ordinary courts.