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The Constitutional Court took action against the hidden discrimination of persons working in public employment

20 November 2017

As established by the Court: one of the statutory provisions challenged by the commissioner for fundamental rights unnecessarily restricts the public employee’s right to privacy in a discriminative way. Burdening the legal relation of public employment with an incompatible condition – connected to the neatness of the living environment – is an arbitrary decision of the legislator. Therefore the Constitutional Court established that the challenged regulation was contrary to the Fundamental Law and annulled it.

 

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The Criminal Code’s regulation affecting the quantity of drugs is not in conflict with the Fundamental Law

20 November 2017

It is an observable international trend that substances having a narcotic effect can be prepared easily and swiftly by way of changing the chemical composition of other substances already classified as drugs and although the resulting substances do not share the legal classification of the original drug still they trigger very similar effects. If the regulations are inadequate, the parties having an interest in producing drugs may gain time and the legislator is constantly forced to make new moves by amending and modifying the laws. The Constitutional Court established: it is not against the Fundamental Law that for determining the quantity of certain drugs the legislator created a rule whereby the basis of the calculation is not specified as a concrete unit of mass, using an abstract standard instead.

 

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Suspending the pension of the persons employed in the public sphere is not contrary to the Fundamental Law

20 November 2017

The regulation of the pension system should, at all times, balance between the public interest and the protection of the fundamental rights of the person entitled to pension. Due to the amendment of the Act on Pension Benefits, the employee working in the public sphere shall not temporarily receive pension, but wages shall be paid to him or her on account of the State budget. The State as an employer is in a situation different from that of the employers of the private sphere as there are substantial legal and factual differences – therefore the different regulations are not contrary to the prohibition of discrimination.

 

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