12 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT ... According to section 56(1) of the Constitutional Court Act, the Constitutional Court, sitting as a committee, decides on the admissibility of constitutional complaints. The committee, within its margin of appreciation, examines the statutory procedural and substantive conditions of admissibility of a constitutional complaint, and in particular the issues of victim status, the exhaustion of remedies under sections 26-27 and the conditions laid down in sections 29-31. Firstly, the Constitutional Court examined whether the constitutional complaint fulfilled the formal and procedural conditions. ... Secondly, the Constitutional Court examined whether the constitutional complaint fulfilled the substantive conditions under sections 27 and 29. Under section 27 persons or organisations affected by a judicial decision may submit a constitutional complaint to the Constitutional Court if the decision on the merits or any other decision terminating the judicial proceedings infringes a fundamental right of the complainant and if the complainant has exhausted available remedies or there were no remedies available. The Constitutional Court has established that the constitutional complaint does not fulfil the conditions laid down in section 27(a), that is, the impugned judicial decision does not concern a fundamental right of the complainant. The complainant submitted in its constitutional complaint that ‘the impugned decision of the Kúria restricts, without a constitutional basis, its conduct falling within the ambit of the exercise of the right to freedom of expression, by restricting voters’ right to freedom of expression’. ... In the present case the Constitutional Court needs to decide whether the decision establishing the unlawfulness of the ‘Cast an invalid ballot’ application developed by the complainant, a political party, and ordering the applicant to refrain from further unlawful behaviour, concerned the complainant’s right to freedom to express opinions, as described above. ... The Constitutional Court shares the view of the Kúria that the present case concerns voters’ right to freedom of expression. However, in the view of the Constitutional Court, this does not mean that the right of the complainant to freedom of expression was also the subject of the judicial proceedings. In the view of the Constitutional Court the complainant, by means of the application, merely provided a possibility for voters to share with each other their ballot photographs or their abstention from the referendum, in the exercise of their right to freedom of expression. Thus the complainant simply provided a forum, an interface where opinions could be published; this in itself does not mean that the complainant itself expressed its opinion. The complainant merely maintained that the impugned decision of the Kúria restricted voters’ right to freedom of expression and thus also concerned its own conduct, which in turn fell within the ambit of the exercise of freedom of expression. Thus, it relied only on an indirect infringement of its right to freedom of expression,