HUN-1993-2-009

a) Hungary / b) Constitutional Court / c)  / d) 15-04-1993 / e) 23/1993 / f) Rules of Police Service Case / g) Magyar Közlöny (Official Gazette), 43/1993 / h) .

Keywords of the Systematic Thesaurus:

02.02.02.02

Sources - Hierarchy - Hierarchy as between national sources - The Constitution and other sources of domestic law.

04.11.02

Institutions - Armed forces, police forces and secret services - Police forces.

05.01.01.04.04

Fundamental Rights - General questions - Entitlement to rights - Natural persons - Military personnel.

05.01.04

Fundamental Rights - General questions - Limits and restrictions.

05.03.33

Fundamental Rights - Civil and political rights - Right to family life.

05.03.34

Fundamental Rights - Civil and political rights - Right to marriage.

Keywords of the alphabetical index:

Police, law regulating / Marriage, right, limitation.

Summary:

The laws regulating the police service are published in Hungary as a supplement to a ministerial decree. The service rules require policemen to request permission from the commander before marriage. The Court declared that the right to marriage is protected by the Constitution as a part of the general right to personality. The protection of marriage provided by the Constitution comprises the freedom of marriage too. This right can be restricted, especially under the special conditions of military service, but only by the legislature. The supplement of a ministerial decree is not a constitutional way to limit a basic right, therefore the Court abolished the challenged provisions.

Supplementary information:

Decision by a three-member chamber of the Constitutional Court.

Languages:

Hungarian.