A major institutional crisis appears to have erupted within Hungary’s Constitutional Court after seven judges reportedly withdrew from a case initiated by President Tamás Sulyok, forcing the court to remove the matter from its agenda.

According to HVG, Constitutional Court President Péter Polt had scheduled an extraordinary hearing for Monday to consider Sulyok’s constitutional interpretation request. However, following the withdrawal of seven of the court’s 15 judges, the hearing can no longer proceed as planned.

Under Hungarian law, the Constitutional Court’s full bench requires the participation of at least two-thirds of its members to reach decisions, meaning at least 10 judges must be available. After reports of the recusals emerged on Friday, the Constitutional Court confirmed that the case had been removed from its agenda.

Dispute centres on possible constitutional amendments

The controversy stems from a petition submitted by President Sulyok on 11 June concerning potential future constitutional amendments that could be used to remove public office holders. The president argued that constitutional clarification was needed regarding amendments aimed at resolving specific individual situations rather than introducing generally applicable rules.

The issue gained political significance after Prime Minister Péter Magyar indicated that the governing parliamentary majority could seek constitutional changes to remove Sulyok from office if he refused to resign voluntarily. Magyar has repeatedly criticised the president, describing him as a political ally of the previous Fidesz administration.

Péter Magyar and Sulyok Tamás
Péter Magyar and Tamás Sulyok. Photo: Facebook/Dr. Sulyok Tamás

Reports of unprecedented tensions inside the court

According to Telex, the case generated significant internal disagreement within the Constitutional Court. The publication reported that several judges considered the president’s request problematic because it sought guidance on a hypothetical future scenario rather than the legality of an already adopted constitutional amendment.

Legal experts cited by the outlet argued that the Constitutional Court would effectively be asked to rule in advance on a political conflict that has not yet materialised. Sources familiar with the matter told the publication that some judges viewed their withdrawal as an “institutional emergency brake” intended to prevent the court from becoming involved in future political disputes.

The reported recusals also raised concerns about potential conflicts of interest, as any future constitutional amendments could theoretically affect the mandates of sitting Constitutional Court judges themselves.

Extraordinary hearing cancelled

Reports suggest that an opinion supporting Sulyok’s petition had already been prepared ahead of Monday’s planned hearing. However, following the wave of withdrawals, Péter Polt reportedly cancelled the extraordinary session. The Constitutional Court’s updated schedule no longer includes discussion of the president’s petition.

The court’s next full session is due to take place on 23 June, but Sulyok’s submission is not listed among the items scheduled for consideration.

Presidential office reacts

Responding to the developments, the Sándor Palace said President Sulyok had taken note of the Constitutional Court judges’ decision.

“The President of the Republic has acknowledged the decision of the Constitutional Court judges,” the presidential office told HVG.

The statement added that all substantive information concerning the related legal procedures had already been shared with the public.

Péter Magyar reacts

Hungarian Prime Minister Péter Magyar wrote the following on his Facebook page: “Tamás Sulyok’s attempt at a constitutional coup has failed. The constitutional judges have also declared that it is over. Tamás Sulyok and Péter Polt must go.”

Péter Magyar recalled that on Thursday, prominent legal scholars and university professors stated in an open letter that public officials who played a role in propping up the Orbán regime have lost the credibility necessary to restore the democratic rule of law and must therefore step down.

“The President of the Republic sought to stage a constitutional coup and filed a petition with the Constitutional Court aimed at saving his own position and his monthly salary of 6 million forints. The members of the Constitutional Court rejected Tamás Sulyok’s “attempted constitutional coup” and sent a clear message to the President of the Republic,” the Prime Minister stated.

Péter Magyar emphasised: “Nothing like this has happened since 1990. It is completely unprecedented that a significant majority of the Hungarian people, the former president of the Supreme Court, dozens of renowned legal scholars, and now even the constitutional judges are unanimously demanding the president’s resignation,” he said.

“Tamás Sulyok, too, must face the reality that we all already know. The office of President of the Republic and the power it entails do not belong to him, but to the Hungarian nation. It is time to return power to the people. Now that the constitutional coup attempt by the President of the Republic and the President of the Constitutional Court has failed, they have no choice but to resign. It’s over,” Magyar declared.

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