Fáber v. Hungary - 40721/08 - CLIN [2012] ECHR 2026 (24 July 2012)

Fáber v. Hungary - 40721/08 - CLIN [2012] ECHR 2026 (24 July 2012)

The Court found that the applicant's passive conduct and the absence of any demonstrated risk of insecurity or disturbance meant that the reasons given by the national authorities to justify the interference were not relevant and sufficient. The interference was not necessary in a democratic society, and the applicant's right to freedom of expression was violated.

Citation
[2012] ECHR 2026
Parties
Applicant: Fáber; Respondent: Hungary
Jurisdiction
European Union
Judgment Date
24 July 2012
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violation of Article 10 (freedom of expression)
Legal Topics
Freedom of Expression, Freedom of Assembly, Public Order, Political Protest
Human Rights Law Constitutional Law Freedom of Expression Freedom of Assembly Public Order Political Protest

Case Brief

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Parties

Fáber

Applicant

Hungary

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the applicant's right to freedom of expression under Article 10 was violated by being fined for displaying a controversial flag at a demonstration
  2. 2 Whether the interference was necessary in a democratic society and proportionate to the legitimate aims pursued

Ratio Decidendi

The Court found that the applicant's passive conduct and the absence of any demonstrated risk of insecurity or disturbance meant that the reasons given by the national authorities to justify the interference were not relevant and sufficient. The interference was not necessary in a democratic society, and the applicant's right to freedom of expression was violated.

Court Disposition

violation of Article 10 (freedom of expression)

Orders

  • Hungary to pay EUR 1,500 in respect of non-pecuniary damage to the applicant.