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Article

A Multipolar System for the Protection of Fundamental Rights in Practice

Unjustified Dismissals of Government Officials in Hungary

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
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
AbstractAuthor's information

    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.


Zsuzsanna Szabó
Assistant lecturer, University of Debrecen.

Roy Balleste
School of Law, St. Thomas University, 16401 NW 37th Avenue Street, Miami Gardens, Florida 33054, USA.

Maria Manoli
DCL Candidate, Institute of Air and Space Law, McGill University; Erin J.C. Doctoral Fellow in Space Governance.

Susan Myres JD
Susan Myres is the principal at Myres and Associates, PLLC located in Houston, Texas; www.myresfamilylaw.com, smyres@myresfamilylaw.com. She is a member of the Board of Managers of the International Academy of Matrimonial Lawyers, USA Chapter. She is secretary of the American Academy of Matrimonial Lawyers.

Christopher Flynn MD
Menninger Clinic, Houston, TX, USA, cflynn@menninger.edu.
Article

Space Law and Science for Sustainable Peace and Biosphere Management Through Earth Observation Satellites, Especially in Developing SAARC Countries

Legal Challenges to Earth Observation Programs with Particular Emphasis on Developing Countries

Journal International Institute of Space Law, Issue 5 2009
Authors S. Bhatt

S. Bhatt

Aleksandar Momirov
Both authors are currently Ph.D. candidates in public international law at the Erasmus School of Law, Rotterdam. The authors wish to thank Prof. Erika de Wet for her inspiring comments. The usual disclaimer applies.

Andria Naudé Fourie
Both authors are currently Ph.D. candidates in public international law at the Erasmus School of Law, Rotterdam. The authors wish to thank Prof. Erika de Wet for her inspiring comments. The usual disclaimer applies.

S. Hobe
Article

Contemporary Doctrine of Self-Defense in Outer Space Law

Space Law at Times of Armed Conflict

Journal International Institute of Space Law, Issue 5 2006
Authors S. Bhatt

S. Bhatt
Article

Maintaining Space for Peaceful Purposes and Uses Through International Cooperation

The 1st Eilene M. Galloway Symposium on Critical Issues in Space Law in Washington D.C., United States, December 2006

Journal International Institute of Space Law, Issue 10 2006
Authors J.F. Galloway

J.F. Galloway
Article

Concepts of Space Law Before Sputnik

Background and History of the Outer Space Treaties

Journal International Institute of Space Law, Issue 1 1997
Authors S.E. Doyle

S.E. Doyle
Article

Major Definitional Issues in the Space Agreements

Emerging and Future Supplements to Space Law Specifically in the Context of the International Space Year

Journal International Institute of Space Law, Issue 1 1992
Authors Gorove

Gorove
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