EUR;CoE;EU;CECC;JCCJ;WCCJa) 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:
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Institutions - Judicial bodies - Ordinary courts - Civil courts.
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Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
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Keywords of the alphabetical index:
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.
Hungarian.