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Karácsony and Others v. Hungary, Nos. 42461/13 and 44357/13, ECtHR (Grand Chamber), 17 May 2016

Date
17/05/2016
Type Judgment
Case number 42461/13, 44357/13

Abstract

Fine imposed on opposition MPs for showing billboards and using a megaphone during parliamentary votes. 

Normative references

Art. 10 ECHR

Ruling

1. Speech in Parliament enjoys a high level of protection reflected in the rule of parliamentary immunity. However, freedom of parliamentary debate is not absolute and states may subject it to certain restrictions or sanctions, the compatibility of which with freedom of expression will be assessed by the Court.

2. The interference with their right to freedom of expression was not proportionate to the legitimate objectives pursued because it was not accompanied by adequate procedural guarantees. Therefore, the interference with the applicants' right to freedom of expression was not necessary in a democratic society.
(The applicants were opposition members of the Hungarian Parliament. On a motion submitted by the Speaker of the House, they were fined for seriously disrupting parliamentary proceedings after displaying placards and using a megaphone accusing the government of corruption. The fines were imposed by the Parliament in plenary without debate).