Abstract
Abstract In a recent decision, the European Court of Human Rights concluded that the constitutional complaint before the Hungarian Constitutional Court can be seen as an effective domestic remedy. This decision shows the growing role of constitutional complaint procedures even in the international system of human rights protection; therefore, it is worth examining how national laws ensure efficient access to such procedures. The current paper aims to analyse a specific aspect of this complex problem, namely, the question of legal aid in constitutional court proceedings – particularly constitutional complaints procedures – in Germany, Austria and Hungary. As a general staring point, it is intended to derive the need for legal aid from the national constitutions, followed by an analysis on the availability of legal aid schemes for constitutional complaint procedures and their conditions. The examination is based on the national legal provisions and case-law, as well as the relevant secondary literature. This comparative study can enable some conclusions to be drawn on the question of how constitutional complaints can become more efficient tools in the protection of fundamental rights for those in need, as well.
Highlights
In a recent decision,1 the European Court of Human Rights concluded that the constitutional complaint before of the Hungarian Constitutional Court can be seen as an effective domestic remedy that shall be exhausted before initiating a procedure at the Strasbourg court, as required by Article 35 of the European Convention on Human Rights
The current paper aims to analyse a specific aspect of this complex problem, namely, the question of legal aid in constitutional court proceedings – constitutional complaints procedures – in Germany, Austria and Hungary
The current paper aims to give an overview on the question of legal aid in constitutional court proceedings – constitutional complaints procedures – in three selected countries
Summary
The European Court of Human Rights (hereinafter: ECtHR) concluded that the constitutional complaint before of the Hungarian Constitutional Court (hereinafter: HCC) can be seen as an effective domestic remedy that shall be exhausted before initiating a procedure at the Strasbourg court, as required by Article 35 of the European Convention on Human Rights (hereinafter: the Convention). This decision draws attention to the question of efficient access to such proceedings. Due to the growing role of constitutional complaint procedures even in the international system of human rights protection, this comparative study can give useful insights into the possible solutions and enable some conclusions to be drawn on the question of how constitutional complaints can be more efficient tools in the protection of fundamental rights for the disadvantaged
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