Effective Judicial Remedy of an Expulsion Decision in Hungary: Are There Any Exemptions During a Pandemic?
Effective Judicial Remedy of an Expulsion Decision in Hungary: Are There Any Exemptions During a Pandemic?

Summary/Abstract: Some circumstances ground the expulsion of a person who threatens the public order, security from a State (and the EU), and some circumstances require the application of special legal order which gives rise to a certain self -defence reaction of the state and radical measures. Sometimes the two overlaps.An Iranian university student was expelled from Hungary to Iran based on her (alleged) unlawful behaviour during the quarantine period on grounds of being a threat to public policy and public security. She turned to the court for legal remedy on the ground of unfounded decision and violation of certain basic rights.Decisions of administrative authorities are not available for the public, so the historical facts of the case are based on the state of affairs incorporated in the Judgment and the state of affairs summarised in the Constitutional complaint and they legal statements of the Judgment are evaluated in the view of the international standards, the constitutional practice and the administrative procedural provisions related to the reasoning of administrative decisions. All support the hint even in the state of emergency, and also by exploring the domestic normative background, a worrisome practice is revealed in the issue of procedural guarantees including the lack of (proper) reasoning of authority decisions and the effective legal remedy in that context. The study of a single case gives occasion to discuss such matter with morals that lead to warning signs in the administrative legal practice of Hungary.

• Details
• Contents