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Hungary / Constitutional Court / 3140/2013

Complaint submitted by an individual to the Constitutional Court (CC) (Alkotmánybíróság) against a judicial decision and a Government Decree

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court
Decision date:

Key facts of the case:

The complainant initiated to cease his/her undivided joint ownership regarding a piece of land. Meanwhile, a company having right to use that land initiated the registration of land conversion regarding certain parts of the same property. This latter procedure was suspended in line with a Government Decree, and commenced only after the procedure aimed at ceasing the undivided joint ownership had been terminated. The land conversion procedure resulted that the value of parts of the property now being under the exclusive ownership of the complainant decreased. The complainant appealed against the land conversion decision and the case ended up before the Curia (Kúria), which rejected the complainant’s claim. The complainant submitted a constitutional complaint to the CC, claiming that the decision of the Curia and the Government Decree violate the Fundamental Law of Hungary, the European Convention on Human Rights and the Charter of Fundamental Rights. The complainant stated, among others, that his/her right to property had been violated, since the value of his/her property had decreased as a result of the procedures. The CC rejected the constitutional complaint, stating that it is not the Curia’s decision which caused the complainant’s problem, that he/she failed to exhaust all remedies regarding the joint ownership procedure, and that the Government Decree was not applied in the procedure leading up to the Curia’s decision, thus may not be challenged by the complainant.