CEDH · PRESS;GENERAL;ENG — 28 janvier 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sB9D5CABB { width:28.35pt; display:inline-block } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s8FB79571 { width:14.15pt; text-indent:0pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s4954B46 { margin-top:0pt; margin-bottom:0pt; text-indent:28.35pt; text-align:justify } .s76CF415B { page-break-before:always; clear:both } .s23A41E03 { width:36pt; display:inline-block } .sBA8DCCFC { width:35.45pt; display:inline-block } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }     EUROPEAN COURT OF HUMAN RIGHTS     46   28.01.1999   Press release issued by the Registrar   HEARING IN THE CASE OF REKVÉNYI v. HUNGARY   Thursday 28 January 1999 at 9.00 a.m.     The applicant     The case concerns an application (application no. 25390/94) brought by a Hungarian national, Mr László Rekvényi, who was born in 1953 and lives in Budapest.   Summary of the facts     At the material time, the applicant was a police officer and the Secretary General of the Police Independent Trade Union.     On 24 December 1993 Act no. 107 of 1993 on Certain Amendments to the Constitution (az Alkotmány módosításáról szóló 1993. évi CVII. törvény) was published in the Hungarian Official Gazette. This Act amended, inter alia , Article 40/B(4) of the Constitution (Alkotmány) to the effect that, as from 1 January 1994, members of the armed forces, the police and the security services were prohibited from joining any political party and from engaging in political activities.   In a circular letter dated 28 January 1994, the Head of the National Police (Országos Rendőrfőkapitány), demanded, in view of the upcoming parliamentary elections, that policemen refrain from political activities. He referred to Article 40/B(4) of the Constitution as amended by Act no. 107 of 1993. He further indicated that those who wished to pursue political activities would have to leave the police. In a second circular letter dated 16   February 1994, the Head of the National Police declared that no exemption could be given from the prohibition contained in Article 40/B(4) of the Constitution.   On 9 March 1994 the Police Independent Trade Union filed a constitutional complaint with the Constitutional Court (Alkotmánybíróság) claiming that Article   40/B(4) of the Constitution, as amended by Act no.   107 of 1993, infringed constitutional rights of career members of the police, that it was contrary to the generally recognised rules of international law and that it had been adopted by Parliament unconstitutionally.   On 11 April 1994 the Constitutional Court dismissed the constitutional complaint, holding that it had no competence to annul a provision of the Constitution itself.     Complaints     Relying on Articles 10, 11 and 14 of the European Convention of Human Rights, the applicant complains that the impugned constitutional provision amounted to an unjustified interference with his rights to freedom of expression and association and was of a discriminatory nature.   Procedure     The application was lodged with the European Commission of Human Rights on 20   April 1994. Having found the application admissible, the Commission adopted a report on 9   July 1998 in which it expressed the opinion that there had been a violation of Article 10 (21   votes to 9), that there had been no violation of Article 11 (21 votes to 9), that it was not necessary to examine the applicant’s complaint under Article 14 read in conjunction with Article 10 (25 votes to 5) and that there had been no violation of Article 14 read in conjunction with Article 11 of the Convention (22 votes to 8). It referred the case to the old Court on 15 September 1998. The applicant and the Hungarian Government referred the case to the old Court on 21 September and 5 October 1998, respectively.   Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm   (Swedish), Nicolas Bratza   (British), Antonio Pastor Ridruejo   (Spanish), Giovanni Bonello   (Maltese), Jerzy Makarczyk   (Polish), Pranas Kūris   (Lithuanian), Riza Türmen   (Turkish), Françoise Tulkens   (Belgian), Viera Strážnická   (Slovakian), Marc Fischbach   (Luxemburger), Volodymyr Butkevych   (Ukrainian), Josep Casadevall   (Andorran), Hanne Sophie Greve   (Norwegian), András Baka   (Hungarian), Rait Maruste   (Estonian), Snejana Botoucharova   (Bulgarian), Judges, Karel Jungwiert (Czech), Luigi Ferrari Bravo (Italian), [1] Lucius Caflisch (Swiss), [2] Substitute Judges,   and also Paul Mahoney and Maud de   Boer-Buquicchio , Deputy Registrars .     Representatives of the parties   Government:   L. Höltzl, Agent , T. Bán, Co-Agent , and Z. Tallódi and M. Weller, Advisers .   Applicant:   V. Masenko-Mavi , Counsel .     The European Commission of Human Rights will be represented by M. Hion assisted by Ms Marie-Thérèse Schoepfer.     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick Liddell Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91   [1] Elected as the Judge in respect of San Marino. [2] Elected as the Judge in respect of Liechtenstein.