Szajer, who was one of the government’s two representatives at a European Council session dealing with Hungary’s new constitution, said in a blog entry that the Commission’s report “could not distance itself from the recent ideological attacks on the Hungarian consitution” and its authors had misunderstood the basic law on several counts.
Szajer insisted that the report criticises the Hungarian constitution for lacking clauses that other member states had not included in their constitutions either. He added that it appeared that the Commission was not familiar with the text of the constitution or Hungary’s legal system, which gives the context of the constitution, too.
Representatives of the Venice Commission visited Hungary on May 17 to assess the new constitution approved on April 18 and to come into effect on January 1, 2012.
In its draft report published by online news portal hvg.hu on June 9, the Commission’s concerns included that the constitution drafting process lacked transparency, there was deficiency in the dialogue between the ruling parties and the opposition, the conditions for dialogue with social players were not adequately provided, and a shortage of time characterised the entire drafting process.
The European Commission for Democracy through Law, better known as the Venice Commission was set up in 1990. Its task is to encourage European standards in the adoption of constitutions.