AUTHOR (name and surname)

Viktor Z. Kazai

COUNTRY

Hungary

YEAR

2021

Name of the act/s*

Decision of the Constitutional Court delivered in case no. IV/1093/2021.

Subject area

covid 19, covid pass, vaccination, discrimination

Brief description of the contents of the act

The Constitutional Court rejected the petitions challenging the constitutionality of Resolution no. 484/2020. (XI. 10.) of the government.

Comment

A large number of petitioners challanged the constitutionality of Resolution no. 484/2020. (XI. 10.) of the government that accorded some privileges to those who got a covid pass after their vaccination. The petitioners argued that the legislation discriminated against those who did not get vaccinated because of health reasons and thus did not receive a covid pass. The Constitutional Court observed that in a state of danger (i.e. a form of special legal order) the exercise of certain fundamental rights can be temporarily suspended or limited to a greater extent than in normal circumstances. The justices accepted that the government’s legitimate aim was to eliminate the covid pandemic and to attenuate its consequences. The court noted that the government regularly revised its legislation in light of the changing circumstances. The Constitutional Cour concluded that the challenged regulation does not violate the prohibition of discrimination and does not constitute an undue interference with personal autonomy.

Secondary sources/ doctrinal works (if any)

*Act citation /year and number

Decision of the Constitutional Court delivered in case no. IV/1093/2021. on 5 October 2021

Enacted by

Constitutional Court of Hungary

Official link to the text of the act

http://public.mkab.hu/dev/dontesek.nsf/0/8d6bf573ac5f3b9ec1258764003470b2/$FILE/Sz_IV_1093_2021.pdf