The robed panel made the decision.
The curia order certifying the local referendum in the capital on the organization of the Olympics is unconstitutional, the Constitutional Court announced on its website on Thursday, all of which was justified by the fact that the
Kúria interpreted the clarity of the referendum question contrary to the Basic Law, especially with regard to its timeliness.
In the announcement, they reminded that the Capital Election Commission (FVB) refused to certify the referendum question, which said: "Do you agree with the Budapest Metropolitan Municipality submitting a bid to host the 2036 Summer Olympic and Paralympic Games?" ".
According to the FVB's point of view, the question does not meet the requirement of clarity for the electorate or the legislator, as the procedure for organizing the Olympics - created by the International Olympic Committee (IOC) - has been radically changed since 2019.
Based on the new rules, the right to organize the Olympics is no longer decided in a tender system, but based on a series of negotiations between the parties - the region or city aspiring to host, the IOC, and the respective national Olympic committee - over several rounds and lasting several years.
Changing the decision of the FVB, the Court verified the above referendum question, since in its judgment, on the one hand, the expression "submitting a tender" has a general meaning, known to everyone, and clear to the electorate as well.
On the other hand, it clearly contains the true content of the question, which can be interpreted only in one way, for the general assembly of the capital, in the case of a valid and successful referendum, in which round it must make a decision, what measures and steps it must take, they wrote.
Among others, the Hungarian Olympic Committee (MOB) challenged the ruling of the Court with a constitutional complaint, and the Constitutional Court found in its decision that the Court went beyond the legal concept of clarity.
In addition, when making its decision, the Court did not pay attention to the new procedural rules of the IOC, so the question may give the false impression that, if in a valid and successful referendum the yes votes are in the majority, then Budapest can apply for the 2036 Olympics.
According to the judgment of the Constitutional Court, the Curia did not pay attention to the timeliness of the referendum question either, since the local referendum binds the legislator for one year, at the same time, based on the IOC procedure, the capital city cannot apply for the 2036 Olympics within one year, the decision is to start a trial and it is in the hands of the IOC.
It was announced: the question put to the referendum is premature if, in the case of a valid and successful referendum, the will of the electorate cannot take effect within the duration of the binding force. If an authenticating decision opens the way for a referendum on such a premature issue, then the referendum question is necessarily misleading, in addition to violating the enforcement of the binding force guarantee rule, the announcement states.
If the question asked is considered premature, it cannot be put to a referendum, they wrote.
In summary, the Constitutional Court ruled that due to the premature nature of the Olympics, neither a local nor a national referendum can be held.
It was also established that the time dimension of verification in the referendum procedure should be examined case by case in each referendum case, because this is the only way to determine whether the will of the voters can prevail or not.
MTI
Cover image: There will be no referendum on the Olympics
Source: Facebook/Hungarian Olympic Committee headquarters
