Vajnai v. Hungary
European Court of Human Rights
Application No. 33629/06 8 July 2008 (2008)
- Written by Kelly Simon, JD
Facts
Attila Vajnai (plaintiff), a registered member of a Hungarian left-wing political party, participated in a peaceful demonstration in Budapest, wearing a five-point red star, a symbol of communism, on his jacket. Vajnai was convicted of using a totalitarian symbol. The trial court declined to impose a punishment during a one-year probationary period. Vajnai appealed his conviction to the Budapest Regional Court. The court referred the case to the European Union Court of Justice (CJEU). The CJEU declined jurisdiction in the matter. The regional court upheld Vajnai’s conviction. Vajnai made an application against Hungary (defendant) with the European Court of Human Rights, arguing that his conviction for wearing the symbol of the international workers’ movement was an unjustified violation of his right to freedom of expression, in violation of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention).
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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