Többpólusú alapjogvédelmi rendszer a gyakorlatban – a kormánytisztviselők indokolás nélküli felmentésének tükrében
Kulcsszavak: többszintű alkotmányosság, hatékony jogorvoslathoz való jog, alapjogi bíráskodás, alapjogvédelem
Today, in the European multi-level and cooperative constitutional area the European
Convention on Human Rights, the constitutional value provisions of the EU
Treaties together with the Charter of Fundamental Rights of the EU , as well as the
constitutions of the member states of the EU function as parallel constitutions. The
legal remedies offered by international forums by nature are subsidiary, because it is
desirable that legal issues of human rights be solved by the states at national level.
The obligation of the exhaustion of domestic legal remedies as a procedural precondition
is needed in order that the national level should have the chance to remedy
the violation of human rights within its own legal system.
The present paper focuses on Art. 8 para. (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 goverment officials by two months’ notice period without any
justification. The research is of considerable interest because the dismissed officials
– who, in my opinion, de facto suffered injury by violation of human rights – were
forced to turn to international forums because of the fact that the Hungarian legal
system was not able to grant them adequate reparation. Therefore, the examination
also evaluates the current level of fundamental rights arbitration and the jurisdiction
using fundamental principles in Hungary.
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