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2021. February 24.

Decision 3067/2021 on the implementation of keeping contacts

Decision number: IV/1533/2020
Subject of the case:

Constitutional complaint against the ruling No. 12.Pkf.20.301/2020/3 of the Szekszárd Regional Court and the ruling No. 5.Pk.50.023/2020 of the Paks District Court (implementation of keeping contacts)

The Constitutional Court declared to be in conflict with the Fundamental Law and annulled the rulings of the Szekszárd Regional Court and the Paks District Court in the subject-matter of keeping contacts. In the case underlying the proceedings, the petitioner was a father living separately from his child, and the child was not handed over by the mother to the father with reference to the emergency situation ordered due to the coronavirus epidemic. The petitioner asked the court to order the enforcement of contacting, however his request had been rejected by the court at first instance, upheld by the court of second instance. According to the petitioner, his right to a fair trial and his right to family life and contacting have been violated due to the grossly contra legem application of the law in the rulings and the lack of adequate reasoning. In its decision, the Constitutional Court found that the proceeding court had failed to comply with the requirement of the gentle equalization and fair balancing of fundamental rights’ positions based on the principle of proportionality, because it had decided to restrict contacting rights solely on the basis of the general epidemic risk as a remote, abstract health risk. The judicial decisions could therefore lead to the emptying of this right, therefore the Constitutional Court annulled the challenged judicial decisions.