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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-41 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-41 Kenedi v. Hungary (Application No. 31475/05) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that this case concerns a violation of the applicant's right to freedom of expression and the lack of an effective remedy in this respect on account of the “obstinate reluctance” of the Hungarian authorities to comply with a court order granting the applicant unrestricted access to certain documents, as well as a violation of the applicant’s right to fair trial due to the excessive length of the enforcement proceedings initiated in this respect;
As regards individual measures
2. noted that the just satisfaction was duly paid, and the applicant was provided with the requested documents; and accordingly considered that no further individual measures are necessary;
As regards general measures
- Excessive length of enforcement proceedings
3. noted that the general measures required in response to the violation of Article 6 § 1 found in the present case are examined by the Committee of Ministers in the Gazsó group of cases;
- Access to information and the lack of an effective remedy in that respect
4. called on the authorities to adopt additional targeted general measures (i) to address the reoccurring reluctance of state authorities to comply with the domestic courts’ orders granting access to documents, and (ii) to ensure that effective and genuinely coercive enforcement tools are available for the implementation of such orders;
5. decided to transfer this case to the enhanced supervision procedure to avoid any further delay; invited the authorities to submit, by the end of September 2025, an updated action plan and decided to resume consideration of this case at their DH meeting in June 2026 at the latest.