{"id":80,"date":"2019-04-03T16:17:20","date_gmt":"2019-04-03T16:17:20","guid":{"rendered":"https:\/\/laweuro.com\/?p=80"},"modified":"2019-04-24T16:23:18","modified_gmt":"2019-04-24T16:23:18","slug":"bakos-and-others-v-hungary","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=80","title":{"rendered":"BAKOS AND OTHERS v. HUNGARY (European Court of Human Rights)"},"content":{"rendered":"

FOURTH SECTION<\/p>\n

DECISION<\/p>\n

Application no.12436\/18
\nJ\u00e1nos BAKOS and Laszlo UZSOKI against Hungary
\nand 2 other applications
\n(see list appended)<\/p>\n

The European Court of Human Rights (Fourth Section), sitting on 8\u00a0January 2019 as a Committee composed of:<\/p>\n

Faris Vehabovi\u0107, President,
\n<\/em>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Carlo Ranzoni,
\n<\/em>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 P\u00e9ter Paczolay, judges,
\n<\/em>and Andrea Tamietti, Deputy Section Registrar,<\/em><\/p>\n

Having regard to the above applications lodged on the various dates indicated in the appended table,<\/p>\n

Having deliberated, decides as follows:<\/p>\n

THE FACTS<\/p>\n

    \n
  1. A list of the applicants is set out in the appendix.<\/li>\n
  2. The facts of the case, as submitted by the applicants, may be summarised as follows.<\/li>\n
  3. The applicants, public officials, were charged with having passed language exams by way of bribery and of having received extra pay for language competences from their employers.<\/li>\n
  4. At last, the public prosecutor suspended their indictments (v\u00e1demel\u00e9s elhalaszt\u00e1sa<\/em>) for two years, at the end of which period the cases were to be discontinued if the applicants committed no further offences in the meantime.<\/li>\n
  5. The applicants did not appeal against the decisions of the public prosecutor. Notably, they did not dispute the findings contained therein which described the offences attributed to them.<\/li>\n
  6. Subsequently, the applicants\u2019 employers carried out examinations to see if their conduct as public officials met the requirement of irreproachability. They found that it did not, which was represented by the fact that they had not appealed against the public prosecutor\u2019s decisions and the findings concerning the bribery committed by them. On this ground, the applicants were dismissed from service.<\/li>\n
  7. The applicants initiated labour lawsuits against their employers, challenging their termination as consequence of the above disciplinary proceedings. The first and second instance courts dismissed their actions on various dates in 2017.<\/li>\n
  8. 8.\u00a0\u00a0The applicants did not submit petitions for review to the K\u00faria<\/em>.<\/li>\n<\/ol>\n

    COMPLAINTS<\/p>\n

      \n
    1. The applicants complained under Articles 6 \u00a7\u00a7 1 and 2, 8, 13,\u00a014 and\u00a017 of the Convention and Article 1 of Protocol No. 12 about their dismissal from service.<\/li>\n<\/ol>\n

      THE LAW<\/p>\n

        \n
      1. Given the similarity of the applications, the Court decides to order their joinder in accordance with Rule 42 \u00a7 1 of the Rules of Court.<\/li>\n
      2. The Court recalls that a petition for review before the K\u00faria<\/em> is normally a remedy to be exhausted in civil litigations (see INDEX.HU ZRT v.\u00a0Hungary<\/em> (dec.), no. 57005\/09, 2 February 2010). As the applicants did not avail themselves of this remedy (see paragraph 8 above), their complaints under Articles 6 \u00a7\u00a7 1 and 2, 8, 13, 14 and 17 of the Convention must be rejected for non-exhaustion of domestic remedies, pursuant to Article 35 \u00a7\u00a7 1 and 4 of the Convention.<\/li>\n
      3. Moreover, Hungary has not ratified Protocol No. 12 to the Convention. This complaint is therefore incompatible ratione personae<\/em> with the provisions of the Convention, within the meaning of Article 35 \u00a7 3\u00a0(a) and must be rejected, pursuant to Article 35 \u00a7 4 of the Convention.<\/li>\n<\/ol>\n

        For these reasons, the Court, unanimously,<\/p>\n

        Decides <\/em>to join the applications;<\/p>\n

        Declares<\/em> the applications inadmissible.<\/p>\n

        Done in English and notified in writing on 31 January 2019.<\/p>\n

        Andrea Tamietti\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Faris Vehabovi\u0107
        \nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n

         <\/p>\n

        APPENDIX<\/p>\n\n\n\n\n\n\n\n
        No.<\/strong><\/td>\nApplication no.<\/strong><\/td>\nLodged on<\/strong><\/td>\nApplicant<\/strong><\/p>\n

        Date of birth<\/strong><\/p>\n

        Place of residence<\/strong><\/p>\n

        Nationality<\/strong><\/td>\n

        		Represented by<\/strong><\/td>\n<\/tr>\n<\/thead>\n
        1.<\/td>\n12436\/18<\/td>\n02\/03\/2018<\/td>\nJ\u00e1nos BAKOS<\/strong><\/p>\n

        27\/03\/1975<\/p>\n

        Budapest<\/p>\n

        Hungarian<\/p>\n

         <\/p>\n

        L\u00e1szl\u00f3 UZSOKI<\/strong><\/p>\n

        02\/01\/1979<\/p>\n

        Nagyk\u00e1ll\u00f3<\/p>\n

        Hungarian<\/td>\n

        		Attila Istv\u00e1n MOLN\u00c1R<\/td>\n<\/tr>\n
        2.<\/td>\n21426\/18<\/td>\n23\/04\/2018<\/td>\nD\u00e1niel KOV\u00c1CS<\/strong><\/p>\n

        08\/06\/1983<\/p>\n

        Ny\u00edregyh\u00e1za<\/p>\n

        Hungarian<\/td>\n

        		Csaba MESTER<\/td>\n<\/tr>\n
        3.<\/td>\n21952\/18<\/td>\n23\/04\/2018<\/td>\nJ\u00f3zsef PAPP<\/strong><\/p>\n

        14\/10\/1982<\/p>\n

        Ny\u00edregyh\u00e1za<\/p>\n

        Hungarian<\/td>\n

        		Csaba MESTER<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n