Restrictions on the right to peaceful assembly during the COVID-19 pandemic, in particular with regard to the imposition of a general ban on assembly¹

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with Nincs hozzászólás
Author: Gábor Kurunczi
Abstract

The right to peaceful assembly is one of the most important fundamental rights in a democratic constitutional state. It is through the exercise of this right that (among other things) freedom of expression and control of power can be exercised over the leadership of a country. However, the outbreak of the coronavirus pandemic in the spring of 2020 led to the introduction of special legal regimes in some countries,… Tovább

The jurisprudence of the Constitutional Court of Hungary concerning freedom of expression in relation to the right to human dignity¹

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with Nincs hozzászólás
Author: Zoltán J. Tóth

Aspects of the protection of freedom of expression in public life as a fundamental right: from public figures to public affairs

Abstract

The Hungarian Constitutional Court considers the freedom of speech and the freedom of press as “particularly precious”, which can only be restricted in particularly justified cases and under strict conditions. The present study first provides an overview of the earlier case-law… Tovább

The protection of health in the practice of the German and Hungarian constitutional courts¹

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with Nincs hozzászólás
Author: Kinga Zakariás
Abstract

The protection of health takes on particular importance in times of epidemics, when the individual rights of patients are opposed to the protection of public health, and in particular, the health of especially vulnerable groups to epidemics. The restrictions introduced in response to the Covid-19 pandemic made it clear that the public health and epidemiological public interest in health care can override… Tovább

Leeway for limiting fundamental rights in emergency situations – with due consideration to the unique nature of the right to a healthy environment and Article P(1) of the Fundamental Law of Hungary²

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with Nincs hozzászólás
Author: Sándor Szemesi
Abstract

The COVID-19 pandemic, and the subsequent war between Russia and Ukraine, brought unprecedented changes not only to everyday life, but also to the Hungarian legal system. In Hungary, first because of the COVID-19 pandemic and then because of the war between Russia and Ukraine, a special legal order has been in place from March 2020 onwards, essentially continuously (except for a short period from 18 June … Tovább

Constitutional dilemmas on the publicity of civil proceedings in the COVID period¹

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with Nincs hozzászólás
Author: Krisztian Villám
Abstract

The Constitutional Court considers the right to a public trial to be part of the right to a fair trial. The right to an oral and public hearing is not absolute. It does not follow from the right to a public hearing that a court may only determine a party’s rights and obligations in a hearing. The principles of trial, orality and impartiality are fundamental principles of civil procedure. However, the fact that the… Tovább

Constitutional Court roles and pathways on asylum issues in Central and Eastern Europe¹

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with Nincs hozzászólás
Author: Lilla Berkes
Abstract

This study focuses on the question whether, while the current European human rights protection system is based on multilevel protection of human rights, there is a role for constitutional courts in the asylum field. It is clear that the national courts are the ones that decide on the substantive and procedural issues that arise, and ultimately it is the European Court of Human Rights that sets human rights … Tovább

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