Self-proclaimed conservative Péter Márki-Zay asked ELTE legal sociologist Zoltán Fleck to arrange the "public law transition", who came up with the big idea for 444: according to him, institutions parallel to the "April laws" should be created, and this should be done with the citizens before the election. must also be disclosed, because then it will not be illegal.
Zoltán Fleck gave an interview to 444.hu, who was recently asked to head a board whose task would be to arrange the "public law transition".
Fleck, the last of the Mohicans
It seems that the mayor of Hódmezővásárhely, who calls himself right-wing, has only the lawyer-sociologist teacher at ELTE left to carry out this task, because in recent months practically everyone has backed away from the plan to change the constitutional system with a half-majority: Gergely Karácsony ruled it out in the prime minister-candidate debate from the idea itself, András Schiffer and Péter Hack also took a stand against it, but György Magyar, for example , also spoke out recently, who at the beginning of November called the partial constitution a "political hoax".
All of this is also interesting because our January article even mentions the star lawyer as an opposition person promoting the circumvention of the Basic Law.
By the way, Fleck started the series last fall, when he declared: "Most likely, after a 22nd opposition victory, we will have to temporarily give up on the pure enforcement of the rule of law. But it was never different during regime change, after great revolutions".
Then came Gyurcsány, Hungarian, and then in the spring the former constitutional judge, Imre Vörös. According to his idea , the Parliament can take over some of the powers of the Constitutional Court and thus repeal the "autonomy-serving" laws.
In other words, the Parliament would "conduct constitutional adjudication" and would not make laws, but make decisions, which are not bound by two-thirds.
You don't need to be a lawyer to predict what this would lead to: the Constitutional Court would annul the decision, by which time the police would probably be sent to arrest the members of the Ab. Who would the violent organizations side with? was led by Péter Hack or András Schiffer .
It's no wonder that few highly respected lawyers stood behind the idea: according to Fleck, there is a former minister and a former constitutional judge in the 8-9 person board, and that "it's not difficult to guess who they are".
The script
But what is the Flecks' latest idea? In the interview, the lawyer no longer talks about writing a new constitution, but "planning the constitutionality of the transition".
"We have to say what are the rules in the basic law and the other two-thirds laws, and what are the institutions that Fidesz created so that it does not lose power even if it loses the elections. To eliminate them, we must look for solutions that do not violate the rule of law and constitutional principles," explains Fleck.
"This will be the institutional scenario of the constitutional transition: what should the parliament do on the first day, what should the parliamentary majority do with the chief prosecutor, the Budget Council, and the Constitutional Court. With all the elements that make it impossible for government to function.
The "April laws" to be adopted by the new parliament will be about this.
And after that, it will be necessary to determine what path will lead to a new constitution and what it should look like," he added.
All of this is also ridiculous because, based on the decision of the President of the Republic, the inaugural session of the National Assembly takes place around the thirtieth day after the elections, so if the elections are held in mid-April - as in the past period - then the inaugural session can also be moved to May.
Parallel institutions
When asked how to remove, for example, the chief prosecutor, Péter Polt, or the constitutional judges, Zoltán Fleck said, "with a quick, minimalistic, surgically precise intervention." According to him, if the parliament formally neutralizes some public law institution, it must replace it with an equally strong institution, which, however, will limit the new legislation and the government based on constitutional principles, and not in the interest of Fidesz. The opposition coalition must request authorization from the voters for all of this before the election. According to him, if the opposition tells what it is preparing for in the campaign, then it will have sufficient authority to completely transform the constitutional system and create a situation close to civil war, even if two-thirds are missing.
Speaking about the planned amendments, the lawyer mentioned that
for example, the constitution can only be changed after two elections, with the votes of two different parliaments.
Or to include an immutability clause. Maybe it can only be amended with a super-qualified majority or a referendum. But - Fleck said - the constitution must be stabilized so that "it doesn't happen again in 2011, when it was possible to change it unilaterally with a simple two-thirds vote".
