The European Court of Justice has brought to an end the legal action brought by Hungary against Slovakia as a result of President of the Hungarian Republic László Sólyom being prohibited from entering the Slovak Republic on 21 August 2009. The Hungarian Government is now confident that such a case will not occur in the future, either between Hungary and Slovakia, or between other Member States.

In March 2010 the Government of Hungary turned to the European Court of Justice because it considered it unacceptable that under EU law a Member State could act as Slovakia had done towards the head of state of another Member State. Although the Court found Slovakia had not violated EU law, it did confirm that Slovakia had not been entitled to refer to an EU directive when refusing entry – Slovakia had referred to a provision of the EU directive on the right of EU citizens and their family members to move and reside freely within the territory of Member States.

The case is unique in that it raised the issue of the status of heads of state under international and EU law, and the applicability of EU law in similar cases. The decision of the European Court of Justice created a precedent that might provide an example for similar issues later.

(Prime Minister’s Office)