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Hungary / Supreme Court / Mfv. I. 10. 083/2014/5

Roma employee as public servant v Employer

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Decision date:

Key facts of the case:

The plaintiff petitioned the regional Labour Court for the unlawful termination of his status as a government official. On the basis of Act No. LVIII of 2010 on the status of public servants (2010. Évi LVIII. Törvény a kormánytisztviselők jogállásáról ) his employment was terminated without giving specific reasons for his dismissal. He further claimed that, as a Roma employee, he was appointed within the framework of ‘Roma graduates in the civil service’ EU project and according to the terms of the programme his employment could not be terminated. Thus, his dismissal constituted discrimination on the basis of ethnic origin. The Labour Court dismissed the case. In the meantime the Constitutional Court quashed – pro future – the relevant provisions of the law [8 / 2011. (II. 18.) Constitutional Court decision (8 / 2011. (II. 18.) AB határozat) ]. The plaintiff – partly with reference to EU law – appealed to the Nyíregyháza Regional Court (Törvényszék). The Regional Court overturned the first instance judgment and found that the plaintiff’s dismissal was unlawful. The Regional Court concluded that, even if the employer had a right on the basis of the 2010 Act to avoid giving reasons for the dismissal, the Labour Code, nevertheless, obliged the employer to do so. In support of its conclusion, the Regional Court argued that the relevant provisions of the Hungarian Law contradicted Articles 30 and 47 of the EU Charter on Fundamental Rights, and Article 6 of the European Convention on Human Rights. The respondent submitted a petition for review to the Curia, to which the plaintiff submitted a counter-petition.