8
MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
submitted had been declared inadmissible since it had not challenged an
alleged violation of its own constitutional rights but that of voters, and had
therefore not complied with procedural requirements.
26. The applicant political party argued that it had exhausted all
available remedies. Its constitutional complaint had been dismissed on the
grounds that providing a platform for voters to express their opinions had
not fallen under the scope of freedom of expression. Thus, the merits of its
complaint had been examined by the highest judicial forum.
27. The Court reiterates that the rule of exhaustion of domestic remedies
referred to in Article 35 § 1 of the Convention obliges applicants to use first
the remedies that are normally available and sufficient in the domestic legal
system to enable them to obtain redress for the breaches alleged.
Article 35 § 1 also requires that complaints intended to be brought
subsequently before the Court should have been lodged with the appropriate
domestic body, at least in substance and in compliance with the formal
requirements laid down in domestic law (see Chiragov and Others
v. Armenia [GC], no. 13216/05, § 116, ECHR 2015).
28. Turning to the present case, the Court notes that in its constitutional
complaint the applicant political party did provide the domestic authorities
with a complete account of the proceedings and complained that sanctioning
it for operating the impugned mobile telephone application had infringed its
right to freedom of expression, since that activity had fallen under the scope
of Article IX (1) of the Fundamental Law (see paragraph 16 above). The
Constitutional Court declared the complaint inadmissible, concluding that
the case concerned voters’ right to freedom of expression, for which the
applicant political party had merely provided a platform, but had not itself
expressed an opinion.
29. The Court therefore considers that the applicant political party raised
the essence of its complaint before the Constitutional Court, which ruled on
the question of whether the case concerned the applicant political party’s
exercise of its right to freedom of expression. In these circumstances the
Court finds that the applicant political party made the domestic authorities
sufficiently aware of its situation and gave them adequate opportunity to
assess whether the imposition of a fine had been reasonable and
proportionate in the circumstances (see Džinić v. Croatia, no. 38359/13,
§ 49, 17 May 2016).
30. The Court accordingly concludes that the applicant political party
has complied with the obligation to exhaust domestic remedies and that the
Government’s objection must be rejected. It also notes that the application is
not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the
Convention. It further notes that it is not inadmissible on any other grounds.
It must therefore be declared admissible.
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