Abstract

Since 2010, Hungarian constitutionalism has turned in a direction that has widely been regarded as illiberal and has attracted criticism from European and international organisations and other Member States. Central to the change was the adoption of the new Fundamental Law in 2011. The Hungarian report explores the post-2010 period in the context of EU and international law. Whilst the Hungarian Constitutional Court in 2012 affirmed the ‘constitutional continuity’, in that the interpretations that had been used prior to the new Fundamental Law would be applied, this was overruled by a subsequent constitutional amendment, which has reinforced concern that the governing majority is ignoring the constitutional traditions of the last two decades. Since this amendment, the Constitutional Court adds reasoning if it refers to the former case law. In the rulings related to international law and EU law, the constitutional practice did not change significantly, although it became somewhat ambiguous until 2015. An Editorial Note has been added to the country chapter to explain that before the illiberal turn in 2010 and in the aftermath of the post-communist constitutional reforms, the Hungarian constitutional system had in fact been widely acclaimed in Europe for the particularly extensive safeguards for the rule of law and human dignity established by the Constitutional Court. For instance, the Hungarian Constitutional Court during that period represented a robust approach to the principles of legal certainty and non-retroactivity as part of the doctrine of the rule of law, which was invoked frequently as the basis for annulment of legislation.

Highlights

  • Since 2010, Hungarian constitutionalism has turned in a direction that has widely been regarded as illiberal and has attracted criticism from European and international organisations and other Member States

  • A regulation adopted on 16 November 2010 that essentially corresponds to the content of Art. 37(4) of the FL which restricts the Constitutional Court’s right of review and annulment, fails to accord with the principles of European constitutional development, the traditions of Hungarian constitutionalism developed since 1989–1990 and democratic political culture

  • The Constitutional Court still has some margin of appreciation on the basis of the constitutional text to safeguard the achievements of liberal constitutionalism and disregard political expectations, but the quality of reasoning and the decisive arguments of the Court have given rise to a very specific ideational framework that cannot be interpreted under liberal values of rule of law

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Summary

Constitutional Culture

1.1.1–1.1.2 In Hungary, no new constitution was formally approved during the change of regime (1989–1990). The Constitution of the Republic of Hungary was a derivative of Act XX of 1949, which was comprehensively revised by Act No XXXI of 1989

Sulyok Széchenyi István University, Győr, Hungary
The amendment of the Hungarian Constitution related to EU accession was passed by
The Constitutional
Article E(1) as the basis of European and
EU law has been regarded as a separate legal system by the Constitutional
Article 19 of the FL provides
The Reasons for, and the Role of, EU Amendments
The Position of Constitutional Rights and the Rule of Law in the Constitution
Article I(3) provides as follows
Article B) of the FL supports the most important principles of the 1989
This issue has not been addressed in
Constitutional Rights, the European Arrest Warrant and EU criminal law
The Right to a Fair Trial – Practical Challenges Regarding a Trial Abroad
The dissenting opinion of Justice
The Expert is not aware of any such concerns raised with regard to the role of courts
The implementation of the Data
The principle of loyalty does not require the Member
It has been suggested that the declaration by the Constitutional
There is no evidence that any constitutional discussions on the Treaty
As seen earlier, the constitutional order established after 2010 in
Judicial Review of EU Measures
As a necessary disclaimer to the assessment of
2.10.1 In the Expert’s view, the common constitutional traditions of the Member
2.11 Article 53 of the Charter and the Issue of stricter Constitutional Standards
2.12 Democratic Debate on Constitutional Rights and Values
2.13 Experts’ Analysis on the Protection of Constitutional Rights in EU Law
2.13.3 In the Expert’s view, the responsiveness of the EU
Constitutional Rules on International Organisations and the Ratification of Treaties
The Position of International Law in National Law
Democratic Control
Judicial Review
Findings
As noted earlier, over the summer of 2014 the Hungarian Constitutional
Full Text
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