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Rekvényi v. Hungary

30 EHRR 519 (1999)

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Rekvényi v. Hungary

European Court of Human Rights
30 EHRR 519 (1999)

Facts

Between 1949 and 1989, the Communist Party ruled Hungary. Membership in the Communist Party was expected throughout Hungarian society, and the police and military were heavily represented within the party. After 1989, the Communist Party fell, and Hungary transitioned to a multiparty democracy. In December 1993, the government of Hungary (defendant) enacted Law no. 107 of 1993, which amended the Hungarian Constitution to prohibit members of the armed forces and the police from joining political parties or engaging in any political activity. In March 1994, the Police Independent Trade Union filed a complaint to the Hungarian Constitutional Court, arguing that Law no. 107 infringed on the constitutional rights of the police and on the rules of international law. Rekvényi (plaintiff), a police officer and the secretary general of the Police Independent Trade Union, also challenged the law under the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) before the European Court of Human Rights.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Comparative Constitutional Law

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