| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| 04.01.2023 | 1/2023. (I. 4.) AB határozat, II/01665/2022 | Constitutional Court of Hungary | Right to strike; right to education | The Constitutional Court held, that the restrictions on rights to strike of teachers meant a proportionate state interference for the protection of children's right to education. | The Parliament adopted additional restrictions of right to strike of teachers by imposing them high level of mandatory minimum service during a strike in the public health emergency to safeguard the rights of children to education. Oppositional parliamentary representatives challenged this measure and alleged the infringement of right to strike by emptying the content of this right. The Constitutional Court argued, that the restrictions constituted reasonable state interference to ensure the proper and continuous education of children. A proper differentiation was made between elementary and secondary schools: elementary school teachers faced with additional limitations which were deemed to be reasonable in the light of the additional needs of pupils at an early age. | http://public.mkab.hu/dev/dontesek.nsf/0/16CA2AE08696D9C6C1258885005B23F2?OpenDocument |
https://eduline.hu/kozoktatas/20221208_sztrajktorveny_alkotmanybirosag; https://telex.hu/english/2022/09/14/teachers-unions-turn-to-european-court-of-human-rights-about-their-right-to-strike |
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| 10.03.2022 | 3088/2022. (III. 10.) AB végzés, IV/04110/2021. | Constitutional Court of Hungary | Mandatory vaccination, labour law | The Constitutional Court found, that it is constitutional to authorize employers to impose the duty of vaccination on their employees. | The Hungarian Parliament passed a law prescribing that employers may suspend the employment contract of their employees unless they would be vaccinated until 15 December 2021. The Constitutional Court found, that this limitation was constitutional, sufficient time were provided for employees to adapt themselves to this policy, while employers are best suited to assess, whether vaccination should be a mandatory requirement in a particular workplace. Moreover, employment contracts are not terminated just suspended in case of lack of vaccination, while employers are not obliged to impose this duty on their employees, just their margin of movement have been extended by the law to consider this possibility. | https://www.alkotmanybirosag.hu/uploads/2022/02/sz_iv_4110_2021.pdf | https://alkotmanybirosag.hu/kozlemeny/az-alkotmanybirosag-elutasitotta-az-allami-alkalmazottak-kotelezo-vedooltasat-elrendelo-kormanyrendelet-elleni-alkotmanyjogi-panaszokat | ||
| 22.12.2021 | 3537/2021. (XII. 22.) AB határozat, IV/03010/2021. | Constitutional Court of Hungary | Mandatory vaccination | The Constitutional Court upheld the constitutionality of mandatory vaccination in certain sectors. | The Constitutional Court of Hungary held, that the government may order mandatory vaccination for public health workers, for teachers and for public servants. The Court argued, that in these sectors, employees should face with additional risks, while they could also infect members of vulnerable groups, children, patients or elder persons. Right to self-determination is a heavy limit on ordering mandatory vaccination, however, in the sectors most concerned, it is reasonable to impose additional general duties for employees through governmental decree. | http://public.mkab.hu/dev/dontesek.nsf/0/F842CEAF58CA79B4C12587640033D130?OpenDocument | https://hunconcourt.hu/dontes/decision-3537-2021-on-mandatory-vaccination-of-healthcare-employees |
https://en.hatter.hu/news/hungarian-constitutional-court-goes-against-its-own-previous-position-legal-gender-recognition https://hungarytoday.hu/mandatory-compulsory-vaccination-coronavirus-covid-19-employees/
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| November 5. 2021. | 28/2021. AB határozat | Constitutional Court of Hungary | Right to education | The Constitutional Court of Hungary held that restructuring some universities with reference to the public health emergency was constitutional unless the consent of the university senate was missing. | The Constitutional Court of Hungary held that restructuring some universities with reference to the public health emergency was constitutional unless the consent of the university senate was missing. | https://njt.hu/jogszabaly/2021-28-30-75 | |||
| 05.10.2021 | 27/2021. (XI. 5.) AB határozat, IV/01093/2021 | Constitutional Court of Hungary | Mandatory vaccination, right to equality, vaccination certificates | The Constitutional Court found, that the additional restrictions imposed on non-vaccinated persons are deemed to be constitutional. | The Constitutional Court merged several applications lodged against the differential treatment of vaccinated and non-vaccinated persons, and rejected all claims by its judgment. The submissions contested, that vaccination certificate is not equivalent to real immunity, therefore, the differentiation is unreasonable. Moreover, the additional restrictions imposed on non-vaccinated persons are too severe, that these individuals would be apparently excluded from the social life. The Constitutional Court argued, that vaccination is considered worldwide as the most effective way to fight against contamination, moreover, vaccination certificates are also used in several countries to identify immunized persons. Vaccination should be backed by the advantages provided for vaccinated persons, while equal opportunities for the two groups would mean also a risk factor for non-vaccinated people, who could be easily infected by immunized persons. Apart from this, the presence of non-vaccinated people would also increase the probability of spreading the illness amongst vaccinated people. For these reasons, the differential treatment is reasonable and should be upheld as a constitutional measure. | https://net.jogtar.hu/getpdf?docid=A21H0027.AB&targetdate=&printTitle=27/2021.%20%28XI.%205.%29%20AB%20hat%C3%A1rozat | https://www.covid19litigation.org/case-index/hungary-hungarian-constitutional-court-no-272021-iv010932021-2021-10-05 |
https://kcgpartners.com/news/hungarian-constitutional-court-rejects-application-to-investigate-immunisation-certificates; https://xpatloop.com/channels/2021/10/hungarian-top-court-rejects-claims-that-covid-immunity-certificates-are-discriminatory.html; https://ceelegalmatters.com/hungary/18489-hungarian-constitutional-court-rejects-application-to-investigate-immunisation-certificates |
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| 13.07.2021 | 23/2021. (VII. 13.) AB határozat, IV/00288/2021. | Constitutional Court of Hungary | Right to assembly | The general ban on assemblies is justifiable in the light of the pandemic, however, the legislation should review this ban regularly to assess, whether its justification is still valid, or a least restrictive regulation would be sufficient to achieve the purpose of protecting public health. | The applicant challenged the constitutionality on the general ban on assemblies in Hungary during certain stages of the public health emergency. The Constitutional Court highlighted the significance of demonstrations to express opinions publicly, but considered, that in the light of the extra-ordinary epidemiological concerns, this right should be limited for the protection of public health. However, the restrictions imposed should meet with the requirements of necessity and proportionality even during the emergency period, and their reasonability should be reviewed regularly. A general ban should not be maintained once the circumstances should be more favourable. As a constitutional requirement, the Constitutional Court stated, that restriction on freedom of assembly should not exceed the most necessary limitations, and the reasonability of these interferences should be examined continuously. | http://public.mkab.hu/dev/dontesek.nsf/0/D40B2E62697552C4C1258709005BC5DF?OpenDocument | https://jog.tk.hu/blog/2023/03/gyulekezesi-szabadsag-a-pandemia-idejen | ||
| 13.05.2021 | 15/2021. (V. 13.) AB határozat, IV/00100/2021 | Constitutional Court of Hungary | Right to access public information | In case of requesting access to public information, the data provider shall specify those reasons which are the grounds of denying the delivery of the required information, which justifies, that the delivery of the information would undermine the operation of the particular body. | The Parliament extended the deadline to reveal the requested public information from 15 to 45 days, if the execution of the request on due time would threat the fulfilment of the public tasks of the particular body. The claimant argued, that this regulation would limit transparency and access to public information on an unnecessary and disproportionate manner, the emergency itself is not a sufficient basis to vest public authorities with such a discretionary competence. The Constitutional Court rejected the submission, but held, that public authorities has the constitutional duty to specify those reasons, which might be proper ground for extending the deadline. The general reference to the emergency situation is not a sufficient basis for such a step, but the public health emergency may raise additional difficulties for public authorities to fulfil their public tasks. Therefore, concrete reasons should be indicated, when the deadline has been extended, but this requirement does not concern the constitutionality of the measure itself. | https://net.jogtar.hu/jogszabaly?docid=a21h0015.ab | |||
| 24.02.2021 | 3067/2021. (II. 24.) AB határozat, IV/01533/2020 | Constitutional Court of Hungary | Right to privacy; rights of children; right to fair trial | The Constitutional Court found that the public health emergency shall not deprive a parent from his/her right to see his/her children regularly, this serves also the best interest of the child. | The two parents of a little child divorced and agreed on sharing the parental rights and tasksover the child. During the public health emergency, the mother denied to release the child, when the usual contact period of the father was due based on public health grounds, therefore, the father was unable to see his kid during the public health emergency. He turned to ordinary courts, which rejected his claim, and found the mother's balancing reasonable. The father contested these judicial rulings before the Constitutional Court, alleging the violation of his right to a fair trial. The Constitutional Court found, that lower courts failed to conduct a careful assessment of the competing rights and interests and neglected the father's right to privacy, therefore, their rulings were unconstitutional. The first instance ordinary court was obliged to hear the case again. | http://public.mkab.hu/dev/dontesek.nsf/0/2977d862ffba8b89c1258600005b7d6f/$FILE/3067_2021%20AB%20hat%C3%A1rozat.pdf | |||
| 02.02.2021 | 8/2021. (II. 2.) AB határozat, IV/00839/2020 | Constitutional Court of Hungary | Right to property | The Constitutional Court declared, that the parliament or the Government may decrease the financial resources of municipalities during the public health emergency, but this shall not undermine the conducting of mandatory municipatory tasks. The government may classify certain areas belonging to municipal properties as specific economic spaces and transfer their right to property to an other public authority. | The municipality of Göd, a smaller village close to Budapest challenged the governmental decision issued during the public health emergency, but maintained also after lifting the Covid-related measures. The Government established a specific economic zone within the territory of Göd, and transferredthe right to property of the municipal lands in that particular field to the regional self-government. The municipality argued, that this measure infringed its right to property, and also lacked the right to a sufficient preparatory period. The Constitutional Court considered, that the municipality shall have been aware of the limits of its right to property over a public land, and the government had the possibility during the public health emergency to transfer the right to property of particular lands to the regional self-governments. Nevertheless, such a measure should not undermine the fulfilment of local public tasks of the municipality; so if such a measure causes significant financial loss for the municipality and it would be unable to carry out its public tasks properly, proper compensation should be provided. | http://public.mkab.hu/dev/dontesek.nsf/0/ee964910baf66f71c125856e005c1d98/$FILE/8_2021%20AB%20hat%C3%A1rozat.pdf | |||
| November 26. 2020. | 3413/2020. (XI. 26.) AB végzés | Constitutional Court of Hungary | Right to information | The Constitutional Court of Hungary dismissed a claim against the extension of the deadline to respond public information requests from 15 to 45 days during the public health emergency. The impugned regulation lost its effect before hearing the merits of the application. | The Constitutional Court of Hungary dismissed a claim against the extension of the deadline to respond public information requests from 15 to 45 days during the public health emergency. The impugned regulation lost its effect before hearing the merits of the application. | https://public.mkab.hu/dev/dontesek.nsf/0/8037f2797832218ac125858a0043188e/$FILE/3413_2020%20AB%20v%C3%A9gz%C3%A9s.pdf | |||
| 08.07.2020 | 15/2020. (VII. 8.) AB határozat, IV/00699/2020. | Constitutional Court of Hungary | Freedom of expression | The Constitutional Court found the amendment of the criminal code aiming to prevent the spread of false news as constitutional. | The Parliament adopted an amendment of the Criminal Code which envisaged inprisonment for those, who spread knowingly false information during an emergency period, and this may undermine the efficiency of the protective measures, or the credibility of the public authorities. The claimants contested the constitutionality of this amendment and held, that this regulation would not be foreseeable for the people, would provide an arbitrary power for the authorities to prosecute individuals, and it would cause significant chilling effect, lots of people will refrain from expressing their views due to fear from being sanctioned. The Constitutional Court argued, that the amendment used such clauses, which are already known in the Hungarian Criminal Code elsewhere, so a coherent standard might be elaborated for the application of this provision. The wording of the amendment is sufficiently precise, and the level of state intervention is reasonable during an emergency period. However, it is up to the authorities and the ordinary courts to establish the practice based on this amendment, and in case of strict interpretation, the amendment may lead to unconstitutional prosecutions. Therefore, the amendment in its entirety is constitutional, however, its application in the practice should be scrutinized, unnecessary limitations on freedom of expression should be avoided. | http://public.mkab.hu/dev/dontesek.nsf/0/bd83430c4d2a942ac125855e005c4028/$FILE/15_2020%20AB%20hat%C3%A1rozat.pdf | https://www.fern.org/publications-insight/hungarian-constitutional-courts-landmark-ruling-is-a-blow-to-intensive-forest-management-practices-2171/ | ||
| July 1. 2020. | 3234/2020. AB határozat | Constitutional Court of Hungary | Taxation; right to property | The Constitutional Court of Hungary dismissed a claim against the deprivation of municipalities from their income coming from wehicle tax during the public health emergency. The reason of the dismissal was a constitutional limit on the competence of the Constitutional Court to review tax laws until state depth exceeds 50%. | The Constitutional Court of Hungary dismissed a claim against the deprivation of municipalities from their income coming from wehicle tax during the public health emergency. The reason of the dismissal was a constitutional limit on the competence of the Constitutional Court to review tax laws until state depth exceeds 50%. | https://public.mkab.hu/dev/dontesek.nsf/0/3598aae5750565cac125856c005c1a37/$FILE/3234_2020%20AB%20hat%C3%A1rozat.pdf | |||