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ECtHR / Application no. 19554/11 / Judgment

K.M.C v Hungary

Deciding Body type:
European Court of Human Rights
Deciding Body:
European Court of Human Rights
Type:
Decision
Decision date:
10/07/2012

Key facts of the case:

The applicant, Ms K.M.C., is a Hungarian national who was born in 1973 and lives in Pécel (Hungary). A civil servant in an administrative inspectorate, she was dismissed by her employer in September 2010 without explanation, it being possible at the time – under Act no. LVIII of 2010 on the Legal Status of Government Officials – to dismiss civil servants without giving any specific reason. Ms K.M.C. did not complain about her dismissal before the Hungarian courts: given that she could not contest the reasons for her dismissal in court, there being none to contest, she thought she stood no chance of winning. In February 2011 the relevant section under Act no. LVIII was annulled as unconstitutional. The Constitutional Court partly based that decision on the European Court’s relevant case-law, also largely in line with the spirit of other European law, namely the European Union Charter of Fundamental Rights as well as the revised European Social Charter, which provide that every worker has the right to protection against unjustified dismissal.