The Constitutional Court on Tuesday voided a government decree that was to make state scholarship students sign contracts to restrict their later freedom to work abroad, the court’s press spokesman András Sereg announced.
The court ruled that the act on national higher education unconstitutionally authorised the government to define the contracts. The court established that regulating student contracts directly impacted the right of affected students to take part in higher education which constitutes an essential element for state subsidies to higher education.
The right of free movement of labour must be defined in law, according to the Court, and thus the government decree must not enter into force. Judge András Bragyova appended a parallel explanation to the resolution while judges István Balsai, Barnabás Lenkovics, Béla Pokol, Péter Szalay and Mária Szívós joined separate opinions.
The government decree stated in part that students awarded grants are obliged after graduation to work in Hungary for a period equal to double their period of study within 20 years. The Constitutional Court ruled that this affects directly the right to free choice of occupation.
The cabinet respects the ruling, the Human Resources Ministry stated Tuesday evening, adding that the act on higher education will be amended to take the ruling into account.
The National Conference of Student Councils (HÖOK) welcomed the ruling. HÖOK president Dávid Nagy said ombudsman Máté Szabó had turned to the Court at their request.