President János Áder has sent recently passed amendments to the National Bank Act and the Postal Services Act to the Constitutional Court for review. His office said stipulations in the central bank amendment are not in line with constitutional regulations on the handling of public funds and ones ensuring access to information of public interest. The amendment’s retroactive effect is also in conflict with the principle of legal security, a statement added. Similarly, Áder had sent the postal services bill to the court because of its retroactive application. The amendments to the central bank act would give the National Bank the legal power to decide not to disclose publicly information on companies that support its activities, if it judges that defending the interests of its monetary or foreign exchange policy outweighs that of the public’s right to information on publicly funded institutions. The law would also allow foundations established by the bank to be turned over to their curators, achieving a distance of separation sufficient to disqualify the foundations’ funding as “public funding” and removing them from public scrutiny. Attila Péterfalvi, who heads the National Data Protection Office, said some elements of the proposed legislation violate the article in the Constitution stipulating that “data relating to public funds and national assets shall be data of public interest”. He noted that a provision in the bill that would apply the rules on disclosure to “procedures already under way” qualifies as legislating with retroactive effect, going against the principle of legal certainty. The amendment to the postal act allows state-owned Magyar Posta to keep information on its activities on the deregulated postal market confidential. The opposition parties welcomed Áder’s decision. Radical nationalist Jobbik attributed his action to a letter the party had sent him pointing out Péterfalvi’s criticism of the central bank amendment.
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