Legal Protection Of State, National And Community Symbols In Hungary Presented by: Dr. Tribl Date: 09 December 2022 Parental Legal Protection Of State, National And Community Symbols In Hungary Sources - Fundamental Law of Hungary: enshrines state symbols as symbols of sovereignty, like the coat of arms, the flag and the national anthem - Act CCII of 2011: on the Use of the Coat of Arms and Flag of Hungary and State Decorations - Section 334 of the Hungarian Criminal Code: on the Defamation of national symbols - Government Decree No 132/2000 (VII. 14.): on certain aspects of flag hoisting of public buildings - Decree 37/2012 (VIII. 22.) KIM: on the authorization required for the grant of protection of trade marks and designs containing the coat of arms or the flag - Act 1 of 2000: on the Commemoration of the Foundation of the State of Saint Stephen and the Holy Crown - Case law of the Hungarian Constitutional Court Act CCII of 2011 on the Use of the Coat of Arms and Flag of Hungary and State Decorations - National symbols are symbols that express the innermost feelings of the nation and embody its unity, - "the permanence of which is in the national interest, - "and this requires stability not only in the way they are shaped and described, but also in the way they are used. - … "in recognition of the constitutional significance of national symbols and their place in the national consciousness, in recognition of the customs of using symbols that have become traditional, and in recognition of outstanding achievements." Use Of Coat Of Arms - The coat of arms has been regulated as a symbol of statehood, "while the flag has been regulated as a symbol of nationalism, a traditional symbol of national feeling, which could be used more freely and with fewer restrictions. - "Organs of the state may use and place them in their buildings and premises without permission in the performance of their official duties. - The President of the Republic shall be entitled to use the coat of arms with two angels as shield holders, and the Prime Minister shall be entitled to use the coat of arms girdled with turkey oak and olive branches. - The coat of arms of local and national minority self-government must be clearly distinguishable from the coat of arms of Hungary. - A natural person or an organization may not use the coat of arms in the exercise of his profession or vocation. - The coat of arms of local and national minority self-government must be clearly distinguishable from the coat of arms of Hungary. - A natural person or an organization may not use the coat of arms in the exercise of his profession or vocation. - The occasional use of the coat of arms and the flag is permitted on national holidays, - On the occasion of related and other social events (in particular political, economic, scientific), - "other commemorations of a national character and military honors. - The use of the flag together with the coat of arms is also permitted on these occasions, - However when using the coat of arms and the flag, everyone must respect their authority and dignity. Section 334 of the Hungarian Criminal Code - Defamation of national symbols - A person who verbally insults or humiliates or otherwise dishonors the national anthem, flag or coat of arms of Hungary or the Holy Crown in front of a large audience is guilty of a misdemeanor and shall be punished by imprisonment for up to one year, unless a criminal offence of greater gravity is established." Act I of 2000 on the Commemoration of the Foundation of the State of Saint Stephen and the Holy Crown - The Act I of 2000 is the so-called "Millennium Law", is a commemorative law, - A kind of tribute to the founding of the state the provisions of which concern the custody and protection of the Hungarian Holy Crown. - By the Act I of 2000, the National Assembly established the Holy Crown Council for the protection and preservation of the Holy Crown and its insignia. - The members of the Council shall be the President of the Republic, the Prime Minister, the Speaker of National Assembly, the President of the Constitutional Court, the President of the Curia, the President of the Hungarian Academy of Sciences and the President of the Hungarian Academy of Arts. Protection of National Symbols in the Case Law of the Hungarian Constitutional Court Decision 13/2000. (V. 12.) AB - The HCC examined the provisions of the former Hungarian Criminal Code, Act IV of 1978, concerning the defamation of national symbols. - According to the petitioners' position, the Section 269/A of the former Criminal Code violated the freedom of expression as a fundamental right under Article 61 (1) of the former Hungarian Constitution. - According to the HCC, the freedom of expression has generally been extended in European constitutional democracies and, - At the same time, the scope of the legal objects which are protected by criminal law has been narrowed. - In democratic societies, notwithstanding national historical traditions, these protected legal objects include national symbols. - Inter alia as a result of constitutional provisions and parliaments have a wide discretion to include their national symbols among the objects protected by criminal law. Protection of National Symbols in the Case Law of the Hungarian Constitutional Court Decision 535/B/1996 AB - The petitioners sought a declaration of the unconstitutionality of Article 3 (1) of Act LXXXIII of 1995 on the Use of the National Symbols of the Republic of Hungary and the Name of the Republic of Hungary, - Because it generally prohibited the use of the coat of arms and the distinguishable elements of it by social organizations. - In its decision, the Constitutional Court held that the constitutional provisions on national and state symbols are linked to such paramount values as the sovereignty of the people and of the State, national identity and the integrity and inviolability of the State's territory.