MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
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financed through micro-donations from private individuals in the amount of
some 33,000,000 Hungarian forints (HUF) (approximately 100,000 euros
(EUR)). The campaign included the display of billboards caricaturing the
government’s own media campaign with slogans such as “Feel free to come
to Hungary, we already work in England!”
10. On 22 September 2015 the European Union’s interior ministers
meeting in the Justice and Home Affairs Council approved a plan to relocate
120,000 asylum seekers over two years from the frontline States Italy and
Greece to all other EU countries. Under the plan, Hungary was to accept
1,294 persons from other member States.
11. On 24 February 2016 the Prime Minister of Hungary announced that
the Hungarian government would hold a referendum on whether to accept
the European Union’s proposed mandatory quotas for relocating migrants.
On the same day the government submitted for approval before the National
Election Commission (NEC) the following question to be put to a
referendum: “Do you want the European Union to be entitled to order the
mandatory settlement of non-Hungarian citizens in Hungary without
Parliament’s consent?”
12. On 29 February 2016 the NEC, by nine votes to three, approved the
question. On 5 May 2016, after examining the legal challenges, the Kúria
(the Hungarian supreme court) authorised the holding of the referendum.
13. The National Assembly officially approved the referendum initiated
by the government on 10 May 2016. The initiative was approved with 136
votes being cast in favour by the parliamentary majority and the MPs of the
opposition party Jobbik, with five votes against; the remaining fifty-three
MPs boycotted the session. On 21 June 2016 the Constitutional Court
rejected all the appeals against the plan to hold the referendum. It was
announced that the referendum would take place on 2 October 2016.
14. Opposition groups including political parties and civil-society actors
considered that the question put to a referendum deliberately misrepresented
EU policies, since in their view no project existed involving mandatory
quotas for the relocation of migrants. They voiced the opinion that the
referendum was merely an instrument of government propaganda and did
not provide voters with a real choice between real alternatives, and that its
tendentious wording served no other purpose than to exacerbate the
controversy over migration.
15. The MKKP urged its supporters to participate in the referendum but
to cast an invalid ballot. Its main reason for advocating an invalid vote was
that the referendum constituted in essence an abuse of a democratic legal
institution and that, while boycotting was a passive rejection of the
referendum, an invalid vote sent a clear message denouncing its lack of
legitimacy in an active manner. Furthermore, according to the
announcement posted on the MKKP’s website calling on voters to cast