Based on the government’s authorisation, today Justice Minister László Trócsányi submitted to the Constitutional Court the government’s request for the interpretation of the relevant provisions of the Fundamental Law.
Hungary is a member of the European Union and professes the diversity of European unity. The migration crisis poses challenges for nation states and for the European Union itself. Regarding the management of the crisis, different positions and proposals emerge which may affect the sovereignty and national identity of Member States.
The government’s position is clear. Pursuant to the Fundamental Law, Hungary is an independent and democratic state where the rule of law prevails, and the people constitute the source of power. Any proposal originating from the European Union which may result in an ultimate change in the composition of Hungary’s population without the involvement of the Hungarian authorities may jeopardise Hungary’s independence and identity.
With regard to the fact that the plans and concepts of the European Union concerning migration are related to certain provisions of the Fundamental Law, it is absolutely necessary for the Constitutional Court to adopt a position based on the government’s request – within its abstract competence as a body whose duty it is to interpret the provisions of the Fundamental Law – as to whether the existence of an independent and democratic state where the rule of law prevails has fundamental elements which are inviolable.
This issue can be clarified beyond doubt from a strictly legal point of view through the interpretation of the provisions of the Fundamental Law, and therefore the government seeks the body’s position on four issues. The submission can be accessed on the website of the Ministry of Justice.