Decisions of the Constitutional Court Between 1 November 2017 and 31 January 2018

Abstract

The Constitutional Court (CC) made 131 decisions between 1 November 2017 and 31 January 2018. From these 131 decisions, 38 examined the petitions on the merits. The CC found legal provisions or ordinary court’s decisions unconstitutional in 8 cases. The CC made 2 decisions in posterior norm control, 6 in judicial initiatives for norm control in concrete cases, and 123 in constitutional complaints. Most of the constitutional complaints submitted to the CC (94 cases) were against judicial decisions. 
In this time period the CC ruled on several constitutional complaints concerning the collision of the freedom of the press, freedom of speech on the one hand, and privacy rights, the right to good reputation on the other hand.
In Decision 3312/2017 (XI. 30.) AB, the CC ruled on a petition submitted by a woman, who wanted to bring her children abroad without the knowledge of the father. But the father purposely hacked into the women’s emails and found out her plan. Thus the petitioner sued him for violating her right to privacy, but the ordinary courts dismissed her petition. So did the CC, considering not only the petitioner’s right to privacy, but the children’s right to protection and care and both parent’s right to choose the upbringing to be given to their children.
In Decision 3313/2017 (XI. 30.) AB, the petitioner – a former mayor – complained about the publication of a photo which pictured him in handcuffs and in the company of prison guards during his criminal trial. The CC rejected the petition and stated that the petitioner was a public figure, the criminal case was related to his mayoralty and stood in the focus of public interest. Because of these reasons, the news site did not violate the petitioner’s right to privacy and the presumption of innocence with the publication of the photo.
In another case – Decision 34/2017 (XII. 11.) AB – the CC found the decision of the Curia unconstitutional and established important constitutional  requirements for reporting on press conferences. The CC asserted that if the press reports about press conferences organized by public figures and also permits the publication of the opinion of the other party, then the report cannot be considered as a false statement.