2010/11/10 – 00:01
Címkék: 98% extra tax, Constitution, Constitutional Court, fundamental rights, Hungary, pension funds, private pension, Referendum, taxation 2011
2010/11/10 – 00:01
A CIKK MAGYAR NYELVŰ VÁLTOZATA
A new constitutional amendment has been accepted on the meeting of the Constitutional Committee yesterday which would limit the power of the Constitutional Court. The proposal which was only supported by the governing parties would draw the limitation along reference to fundamental rights in the Constitution. The selection of certain fundamental rights has been so precise, that the amendment attempts on the private pension funds and the 98% extra tax would be dropped out of the scope of the Constitutional Court. But what will happen to the protection of the fundamental right to property without the Court?
The original proposal of Janos Lazar, the floor leader of FIDESZ aimed to restrict the power of the Court in all cases when referendum cannot be initiated. The new proposal approved by the committee however states that the Court can only overjudge laws when the fundamental right to life, human dignity, protection of personal data, the right to freedom of thought, conscience and religion is compromised.
The right to property however has been omitted from this circle, that is, the Constitutional Court has no right to examine the constitutionality of the law and possible destruction in case if it possibly harms the right to property. This is clearly giving way for free transfer of private pension funds to the public pot without restriction.
According to the constitutional amendment, paragraph 70/l would be amended in a way to open up the possibility for retroactive legislation in case of the 98% extra tax. Thus, the premiums paid in the previous five years could be imposed retroactively to the 98% tax.
A CIKK MAGYAR NYELVŰ VÁLTOZATA
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