The Effects of the European Convention on Human Rights and the Strasbourg Case Law on the Development of Hungarian Law

Abstract

The European Convention on Human Rights is a milestone in the development of international law, aimed at guarding fundamental freedoms and human rights in Europe. As a consequence of the unique path of Central and Eastern European legal development, the provisions of the Convention and the case law of the European Court of Human Rights were not necessarily implemented into Hungarian law through the jurisprudence of Hungarian courts, but it was much rather the Constitutional Court who facilitated such implementation. Although the human rights protection system shaped by the European Court of Human Rights has now become an integral part of Hungarian law, the effect of the Convention and the Strasbourg case law on the Hungarian legal development is still rather meagre. The present article seeks to explore the possible reasons for this development.