Hungarian Yearbook of International Law and European Law

Article

A Multipolar System for the Protection of Fundamental Rights in Practice

Unjustified Dismissals of Government Officials in Hungary

Keywords Constitutional Court of Hungary, Multilevel constitutionalism, right to an effective remedy, unjustified dismissal of government officials, European protection of fundamental rights
Authors Zsuzsanna Szabó
Author's information

364531 Zsuzsanna Szabó
Assistant lecturer, University of Debrecen.
  • Abstract

      Today, within the European multi-level and cooperative constitutional area the ECHR, the constitutional values enshrined in the EU Treaties together with the EU Charter of Fundamental Rights, as well as the constitutions of the EU Member States function as parallel constitutions. The legal remedies offered by international forums are subsidiary by nature, since it is desirable that legal issues of human rights be solved by the states at national level. The obligation to exhaust domestic legal remedies as a procedural precondition is necessary to afford the national level the opportunity to remedy the violation of human rights within its own legal system. This paper focuses on Section 8(1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of government officials with a two months’ notice period without justification. This research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury for the violation of their human rights – were forced to turn to international fora due to the fact that the Hungarian legal system was unable to grant them proper relief. Therefore, the analysis also evaluates the current level of fundamental rights adjudication and jurisprudence related to fundamental principles in Hungary.

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