The MMA-law violates the Basic Law

Sunday, 3 February 2013, 10:28 am

Communiqué of the Office of the Commissioner for Fundamental Rights (Part 1)

Budapest, Sunday, 3 February 2013 (National Press Service, OS) – The ombudsman’s motion to the Constitutional Court on the Hungarian Academy of the Arts (MMA): According to the Commissioner for Fundamental Rights, the fact that the founding members of the MMA can only come from a single civil organisation (NGO) is contrary to artistic freedom. According to the ombudsman, it also violates the Basic Law (replacing the Constitution) that the law on the Academy of the Arts renders it possible for the Academy to determine the conditions for membership by itself. For this reason, Máté Szabó requested that the Constitutional Court repeal the provisions related to the law on the Academy of the Arts.

The association of the Hungarian Academy of the Arts was established in 1992, and functioned for nearly twenty years as a civil organisation. The Basic Law framed in 2011 ruled for the establishment of a public body of the same name, with these words: “Hungary protects the scientific and artistic freedom of the Hungarian Academy of Sciences and the Hungarian Academy of the Arts.” In accordance with this, the Hungarian Academy of the Arts ceased to exist as an association, and was instituted as a public body. According to the provisions of the law, only the members of the association of the Hungarian Academy of the Arts (MMA) could take part in its institution. The MMA obtained proprietary rights to the Műcsarnok/Kunsthalle Budapest and the Pesti Vigadó, and additional authority, with which it is able to influence the arts and public culture.

A civil organisation (NGO) appealed to the Commissioner for Fundamental Rights to re-examine the law establishing the MMA.

Published by: Office of the Commissioner for Fundamental Rights