The Kúria (supreme court) has ruled that a section of the 2013 municipal decree limiting the use of public spaces by the homeless is in breach of the law. The court has asked for a constitutional review of the decree issued by the Municipal Council of Budapest last year. “Homelessness and rummaging through garbage, which is closely associated with it, is a mode of being which creates social responsibilities for the community,” the Kúria said. “Rough sleeping cannot be punished unless it poses a danger to society.” The homeless decree was referred to the court by the ombudsman for fundamental rights, László Székely, who argued that it 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. The Kúria will make its final decision on several parts of the decree after the Constitutional Court prepares its review. The latter has already annulled a part of the decree and asked the municipality to change its regulations by year-end.
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