“Homelessness and rummaging through garbage, which is closely associated with it, is a mode of being which creates social responsibilities for the community.

Rough sleeping cannot be punished unless it poses a danger to society,” the Kúria said in its ruling.

The homeless decree was referred to the Kúria by the ombudsman for fundamental rights, László Székely, who argued that the decree had established an unreasonably broad range of areas where homeless living was banned.

He said the municipality had overstepped its powers outlined by a 2012 law on minor offences when issuing the decree.

The Kúria will make its final decision on several parts of the decree after the Constitutional Court prepares its review.

It has already annulled a part of the decree and asked the municipality to change its regulations by the end of the year.

Source www.hungarymatters.hu

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