HCLU Wins Freedom of Assembly Case at Capitol Court
The Hungarian Capitol Court has overruled two police orders prohibiting trade unionists from demonstrating in front of the Parliament and the Buda Castle on the first weekend of October. The Capitol Court fully shared the HCLU’s opinion that the reasoning of the police was faulty and their prohibiting measures were unfounded. The planned demonstrations will be held.
The police orders states that the demonstration would cause traffic restrictions. This was judged to be unfounded and the Court also stated that all demonstrations cause certain traffic restrictions, but the police has no jurisdiction to weigh the magnitude of these traffic restrictions. The Act on Assembly however, does determine the relation of free movement and assembly and does allow for the practice of the right to assembly, unless it causes objective incapacity of free movement. However, the police’s prohibiting orders only stated general references and uncertain assumptions, which according to the Court do not prove that traffic would be incapacitated at either the Parliament or the Buda Castle.
Thanks to the HCLU and its legal team, the trade union demonstrations will be held despite the previously issued police orders.
