HCLU Wins Freedom of Assembly Case at Capitol Court

The Hungarian Capitol Court has overruled two police orders prohibiting trade unionists from demonstrating in front of the Parliament and the Buda Castle on the first weekend of October. The Capitol Court fully shared the HCLU’s opinion that the reasoning of the police was faulty and their prohibiting measures were unfounded. The planned demonstrations will be held. 

The police orders states that the demonstration would cause traffic restrictions. This was judged to be unfounded and the Court also stated that all demonstrations cause certain traffic restrictions, but the police has no jurisdiction to weigh the magnitude of these traffic restrictions. The Act on Assembly however, does determine the relation of free movement and assembly and does allow for the practice of the right to assembly, unless it causes objective incapacity of free movement. However, the police’s prohibiting orders only stated general references and uncertain assumptions, which according to the Court do not prove that traffic would be incapacitated at either the Parliament or the Buda Castle.

Thanks to the HCLU and its legal team, the trade union demonstrations will be held despite the previously issued police orders.

Share

Related articles

The HCLU and the Hemp Seed Association have initiated proceedings in the matter of the thwart during the Million Marijuana March

On May 13th, 2007 five demonstrations, national legalization rallies organized by the Hemp Seed Association were held in Hungary as part of the International Million Marijuana March event-series.

HCLU succeed: court reached verdict in “squatter” case

On March 3rd the Central District Court of Pest reached the verdict in the Centrum Group case. The “squatters” were represented by Levente Baltay, lawyer at Hungarian Civil Liberties Union (HCLU).

Pride is Free, Court Puts Police Back in Its Place

On 23 April the Tribunal of the Capiptal overruled and repealed the decision of the Budapest Police Chief, which had previously banned the Budapest Pride March. Similarly to last year, the court accepted the arguments of the Hungarian Civil Liberties Union's lawyer and rejected the 13-page-long justification of the police. The court ruled that there is no valid legal reason to prohibit the Pride March on the announced route.