16.01.2014.

decision of the Constitutional Court (CC) on the rejection of the constitutional

complaint.

On the 14th of January the constitutional complaint was rejected by the CC. It demanded that
the 8th item of the 59th section of the Sports Act (1st act of 2004) was found unconstitutional
and thus it was terminated. The above mentioned provision was enacted on the 1 st of January,
2010 and was amended on the 1st of January, 2012. According to the provision no one is
eligible to receive Olympic allowance, if he or she has a criminal record, or has been placed
under probation with supervision due to committing a crime. The proposing individual has
presented his/her case. (S)He was found guilty in the crime of truculence. (S)He was
sentenced to one year of probation under supervision by the Court of the Second and Third
District of the Capital City on the 18th of January, 2007. The secretary of State assigned with
the task of supervising Sports has withdrawn his/her Olympic allowance. The proposing
individual states that the provision creates a retroactive obligation. (S)He also states that a
retroactive obligation is forbidden under the 2nd item of the 2nd section of the Act on
Legislation (130th act of 2010) and it violates the 1st item of Article B of the Fundamental
Law. The CC found that the right to Olympic allowance is neither a fundamental right, not
any other right provided by the Fundamental Law. It is based on the Sports Act. Consequently
the right to Olympic allowance is not protected by the Fundamental Law. Thus the CC cannot
examine if the provision indeed creates a retroactive obligation and if it is unconstitutional.
Special verdicts of the constitutional judges, including Bragyova András, Kiss László, Kovács
Péter, Lévay Miklós, Stumpf István and Szalay Péter were attached to the warrant.