Remarks on the process, the stakeholder consultation questionnaire, the 2020 country chapter on Hungary and the follow-up to the European Commission’s Rule of Law Report from a human rights NGO perspective
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In a judgment published this week, the Constitutional Court of Hungary ruled that the provision of the Code of Criminal Procedure that allows for unlimited pre-trial detention pending a first instance judgment is unconstitutional. The decision comes six years after the Ombudsperson asked for a constitutional review based on a request by the Hungarian Helsinki Committee and the Eötvös Károly Institute.
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Eight Hungarian NGOs submitted a joint contribution in the stakeholder consultation launched by the European Commission for its second annual Rule of Law Report. The Commission’s Rule of Law Report pertaining to 2019 identified substantial problems severely threatening the rule of law in Hungary in all four areas examined. According to the NGOs, the situation has deteriorated further in 2020.
Continue ReadingThe international research project focuses on the use of trial waiver systems in the EU Member States, through which suspected or accused persons waive their rights to a full criminal trial. In Hungary, it focuses on the agreement between the prosecution and the defence as introduced in 2018.
Continue ReadingThe Hungarian Helsinki Committee conducted a research project together with lawyers of the Hungarian Civil Liberties Union on the application of the new assembly law of Hungary, adopted in 2018. The objective of the research was to look into the case-law of courts and decisions taken by the police as assembly authority in order to reveal the impact of the new legislation on the right to peaceful assembly.
Continue ReadingOur new information update focuses on Government Decree 570/2020. (XII. 9.) which removes the possibility to obtain suspensive effect for appeals lodged against expulsions that are issued on the basis of of a violation of epidemiological rules or a threat to national security, public security or public order.
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This one year project aims to make sure that no asylum-seekers, refugees or resident third-country nationals are excluded from protection, expelled from the EU or held in unlawful immigration detention with the abusive and arbitrary use of the national security argument, and that in such cases all those concerned can exercise their right to defence.
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Today the European Court of Human Rights (ECtHR) delivered its judgement in the case of an Iranian-Afghan family who were held in the transit zone for the entire duration of their asylum procedure in 2017 and released only upon being granted international protection.
Continue ReadingToday, Advocate General Rantos delivered his opinion in an infringement procedure initiated by the European Commission against Hungary in July 2018. The Advocate General held that the criminalisation of assistance to asylum-seekers violates the law of the European Union.
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Our briefing paper provides an overview of the emergency regimes introduced in Hungary due to the COVID-19 pandemic since March 2020 until the present day and explains the consequences in terms of the executive's powers.
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