Tanulmányok

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

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 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

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

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

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

The migration crisis of recent years and the war in the vicinity of Hungary have focused more attention than ever before on the constitutional rules on migration and asylum. Of these rules, the regulations of the Fundamental Law naturally have the highest priority, as the entire institutional system in Hungary is based on these provisions. Article XIV of the Fundamental Law contains rules on entry into and… Tovább