a) Hungary / b) Constitutional Court / c) / d) 22-03-1996 / e) 12/1996 / f) / g) Magyar Közlöny (Official Gazette), 32/1996 / h) .
Keywords of the Systematic Thesaurus:
Constitutional Justice - Jurisdiction - The subject of review - Rules issued by the executive.
General Principles - Legality.
Fundamental Rights - Civil and political rights - Right to dignity.
Fundamental Rights - Civil and political rights - Right to private life.
Fundamental Rights - Economic, social and cultural rights - Right to education.
Keywords of the alphabetical index:
Criminal record, clean / Human dignity / Education, higher, right.
It violates the right to higher education, the right of privacy, and thus the right to human dignity that applicants for admission to higher education institutions are requested to present a document certifying the lack of criminal record (good-conduct certificate).
A governmental decree on admission to higher education institutions prescribed that the applicant has to attach to the application for admission an official document certifying the absence of a previous criminal record. The Constitutional Court by its decision no. 35/1995 (VI.2) had declared unconstitutional a provision of the Act on Higher Education that excluded from higher education persons whose punishment also included the exclusion from public affairs.
The Constitutional Court in the present case declared that a previous criminal record is not an obstacle to university studies. The Constitutional Court examined the question from the point of view of the protection of personal data. Under the Act on Data Protection the use of special personal data can be permitted only by a law. A governmental decree cannot prescribe the use of special personal data like that of a previous criminal record. Thus the governmental decree violated Article 35 of the Constitution, according to which a governmental decree cannot contradict a law.