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:

04.07.08.01

Institutions - Judicial bodies - Ordinary courts - Civil courts.

05.03.13.03

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.