28 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT applicant party’s freedom of expression does not prevent the Court from considering the available remedy to have been exhausted. 58. As regards the Government’s submissions concerning the constitutional complaint under section 26(2) of the CCA, the Court notes that this type of remedy is applicable solely in cases where the complainant’s rights have been violated by the application of an allegedly unconstitutional provision and in the absence of a judicial decision or a legal remedy to redress the alleged violation. A constitutional complaint under section 26(2) cannot serve as an effective remedy for situations where the violation resulted from an allegedly erroneous application or interpretation of a legal provision which, in terms of its content, is not unconstitutional. 59. The Court observes that at no point in the domestic proceedings or in the proceedings before the Court did the MKKP assert that its alleged grievance had flowed from an unconstitutional legal provision. Rather, its complaint concerned the infringement of its freedom of expression as a result of the individual decisions of the domestic authorities. This being so, the issue fell to be considered in the context of proceedings seeking a remedy against those decisions. Therefore, as noted above, the MKKP complained of the restriction of its campaigning activities by means of the appropriate remedies before the Kúria and the Constitutional Court. 60. As the MKKP’s complaint thus relates in essence to the allegedly erroneous interpretation and application of domestic law, and the Government have not specified in what manner the remedy based on section 26(2) of the CCA would be effective in practice for the purposes of the present complaint, the Court considers that the MKKP was not required to avail itself of that remedy. 61. Noting that the rule on exhaustion of domestic remedies concerns only remedies that relate to the breaches alleged (see Ivinović v. Croatia, no. 13006/13, § 28, 18 September 2014), the Court finds that, by using the only available domestic remedy relating to its complaint, the applicant exhausted domestic remedies as required by Article 35 § 1 of the Convention. 62. The Government’s objection of non-exhaustion of domestic remedies must therefore be dismissed. II. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION 63. The MKKP complained that the decisions prohibiting and penalising the operation of a mobile application allowing voters to publish, anonymously, photographs of their ballot papers had violated its right to freedom of expression as provided for by Article 10 of the Convention. That Article reads as follows: “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without

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