The Act CCVI of 2011 on the right to freedom of conscience and religion and the legal status of churches, denominations and religious communities of Hungary has established one of the greatest curtailment of privileges since the transition in 1989. In defence of 9 churches, deprived of their legal status, the HCLU, seeking remedies, has turned to the CC and to the ECtHR.
Regarding the new rules on the CC a law can be challenged before the Court upon only a single complaint and in exceptional cases. However, the Church Law violates the main aspects of all the churches’ and citizens’ rights to freedom of thought, conscience and religion, to due process, to seeking remedies and the requirements of the rule of law, established in the Fundamental Law of Hungary. The ground of the application to the ECtHR is, similarly, the situation in which the confiscation of right flows from the law itself. According to the application, the law is contrary to the applicants’ rights to a fair trial, to an effective remedy, to the freedom of thought, conscience and religion and breaches the prohibition of discrimination set forth in the European Convention of Human Rights.
The complete constitutional court complaint in Hungarian is available here (pdf)>>
The complete ECtHR-application in Hungarian is available here (pdf)>>
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