The Hungarian Constitutional Court annuled the restrictive order of the General Assembly of Budapest on the right of assembly

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.

This modified order would have required a particular permission to the application of different kinds of buildings and equipments (stage, amplification system, etc.) in the case of events falling within the law on assembly.

The HCLU challenged the decree at the Constitutional Court in November 2006. The Constitutional Court accepted the point of view of HCLU, which said that the objected dispositions of the decree contravened the Constitution and concerned fundamental elements of the right to assembly, which could not have been restricted legally nor by law accepted by the Parliament.

The HCLU has not objected in its initiative the diposition which requires separate permission to merchandising, hostible activity and advertising at political events. In our point of view these activities do not bear closely upon the assert of the right to assembly, and thus the regulation by on decree is not opposing the Constitution. This disposition was not overruled by the Constitutional Court.

 

Share

Related articles

Litigation on the right to protest

Two actions were launched by the HCLU regarding the right to peaceful assembly in December, 2013. Both actions concern to the same problem: lockdown of a public area around the Prime Minister's residence. In the first case, the police dispersed an ongoing peaceful demonstration on the grounds of closing off the area, for which the organizer filed a claim against the police with the help of HCLU. In the other case, another demonstration planned by the same organizer at the same venue was banned by the court, which was then challenged before the Constitutional Court. Both decisions are ill-unfounded and misinterpret the constitutional limitations of the right to protest.

Human Rights Organizations from Across the Globe Call on UN to Protect Human Rights in the Context of Social Protest

March 20, 2013 GENEVA – As the United Nation’s Human Rights Council prepares to debate a draft motion on social protest, human rights organizations from around the world have joined their voices to call on the UN to provide meaningful protection for this essential democratic right.

Human Rights Organizations’ Petition to the Constitutional Court to Annul the “Nullity Act“

The Hungarian Helsinki Committee (HHC) and the Hungarian Civil Liberties Union (HCLU) request the Constitutional Court to annul Act XVI of 2011 on the redress of the verdicts in connection with the crowd controls in the autumn of 2006 in a joint petition. According to the human rights organizations the act severely violates the rule of law and juridical independence.