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The Constitutional Court of Hungary recently delivered two
important decisions concerning freedom of information. In
both cases, the National Assembly attempted to curtail the
transparency of the Central Bank and the Hungarian Mail, and
the President of the Republic requested for an ex ante
constitutional review. The decisions contain pivotal
arguments concerning legal certainty and freedom of
information, and can be read as proof that in the most
crucial cases the Constitutional Court of Hungary still
stands up against the majority of the parliament.
However, it is worth mentioning that in the more
straightforward case – the decision about the modification of
the Act on the Central Bank of Hungary – there was a wide
professional consensus on the unconstitutionality of the new
rules. This consensus was supported by the opinion of the
National Authority for Data Protection and Freedom of In-
formation. The reasoning of the other decision which examines
the new rules of the Postal Service Act could arguably be
read two different ways, as will also be elaborated in this
paper.
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