respects and fully implements the judgments of the Constitutional Tribunal of 3 and 9 December 2015. These require that the three judges that were lawfully nominated in October 2015 by the previous legislature can take up their function of judge in the Constitutional Tribunal, and that the three judges nominated by the new legislature without a valid legal basis do not take up the post of judge without being validly elected; publishes and implements fully the judgment of 9 March 2016 of the Constitutional Tribunal, as well as all sub ...[+++]sequent judgments, and ensures that the publication of future judgements is automatic and does not depend on any decision of the executive or legislative powers ; ensures that any reform of the Law on the Constitutional Tribunal respects the judgments of the Constitutional Tribunal, including the judgments of 3 and 9 December 2015 and the judgment of 9 March 2016, and takes the Opinion of the Venice Commission fully into account; and ensures that the effectiveness of the Constitutional Tribunal as a guarantor of the Constitution is not undermined by new requirements, whether separately or through their combined effect; ensures that the Constitutional Tribunal can review the compatibility of the new law adopted on 22 July 2016 on the Constitutional Tribunal before its entry into force and publish and implement fully the judgment of the Tribunal in that respect.

18. Taking account of the right of a democratically elected parliament to adopt law in line with fundamental rights, with respect for political minorities, and with a democratically adequate and transparent procedure, and of the duty courts, both ordinary and constitutional, to safeguard the compatibility of the laws with the constitution, underlines the importance of the principle of separation of powers and a properly functioning system of checks and balances; is concerned in this connection about the shift of powers in constitutional matters to the advantage of the parliament and to the detriment of the Constitutional Court, which un ...[+++]dermines severely the principle of separation of powers and a properly functioning system of checks and balances, which are key corollaries of the rule of law; welcomes in this regard the Eger joint statement of 16 May 2013 by the Presidents of the Hungarian and Romanian Constitutional Courts, Péter Paczolay and Augustin Zegrean, stressing that constitutional courts bear a special responsibility in countries ruled by a two-thirds majority;

It was finding it increasingly difficult to carry out effectively its role as a constitutional court, particularly as regards cooperating with national courts and providing them with an interpretation of the provisions of the Treaties or of Acts adopted by the institutions.

9. Points out that, in any event, the task of determining the respective powers and responsibilities of the Member States and of the regions in specific cases lies exclusively with the constitutional courts or with other bodies designated for that purpose under the Member States' constitutional law;

6. Insists that the rights contained in the Charter must in principle be made justiciable by the European Court of Justice, after careful consideration concerning, and adequate legislative provision forestalling, the multiple potentially conflicting jurisdictions as between the European Court of Human Rights, the European Court of Justice, and the highest Constitutional Courts of the Member States;

6. Insists that the rights contained in the Charter must in principle be made justiciable by the European Court of Justice, after careful consideration concerning, and adequate legislative provision forestalling, the multiple potentially conflicting jurisdictions as between the European Court of Human Rights, the European Court of Justice, and the highest Constitutional Courts of the Member States;