HUN-1993-3-016
a) Hungary / b) Constitutional Court / c)   / d) 29-11-1993 / e) 59/1993 / f)   / g) Magyar Közlöny (Official Gazette), 172/1993 / h) .
 
Keywords of the Systematic Thesaurus:
 
 
Institutions - Judicial bodies - Ordinary courts - Civil courts.
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
 
Keywords of the alphabetical index:
 
Complaint, unfounded or impossible / Civil procedure, Code.
 
Summary:
 
Under Hungarian civil procedural law, courts could reject a complaint without issuing a summons if the claim was evidently unfounded or impossible. This general clause had been introduced to the Civil Procedural Code in 1952, and it was abolished in 1957. Legislature re-established the clause in 1972 in order to speed up procedures. According to the Constitutional Court, this provision violated the citizens' rights to a fair trial by an independent court as provided by the Constitution. The Court emphasised that citizens had a right to have their claim judged by a court, and access to the courts could not be rejected by a simple reference to practical needs. It annulled the related provision of the Civil Procedural Code.
 
Languages:
 
Hungarian.