On Friday 20 April 2012, the Hungarian Minister of Justice and Public Administration, Mr. Tibor Navracsics submitted to Parliament a draft Parliamentary Resolution to not execute the judgment of the European Court of Human Rights (ECtHR) taken in the case of Fratanolo v Hungary. The judgment, handed down by the Strasbourg-based court in November 2011, is the second such decision establishing that Hungary had violated the right to freedom of expression protected by the European Convention on Human Rights and Fundamental Freedoms by criminalizing the wearing of the red star in public. Under the minister’s proposal, the penal provision should remain in effect and Hungary should not pay the just satisfaction awarded by the ECtHR.
The Hungarian Civil Liberties Union (HCLU) welcomes the decision of the Constitutional Court, which abrogated the disposition modified on the 26th October 2006 of the decree 59/1995.
Last week’s dismal decisions of the Hungarian Constitutional Court (CC), the National Electoral Commission and the Data Protection Authority (DPA) have proved former concerns of human rights NGOs correct: institutions, which ought to be independent and have the duty to guard constitutionalism have failed. Read the full analysis here.