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• European rights in the Hungarian legal system

  67-72

  Imre Voros

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  With the accession to the European Union, European rights became part of the Hungarian legal system, and have prority over Hungarian laws in the same areas. Regular courts make use of European law in situations where their own law is unclear. Nonetheless the integration of European law into the Hungarian legal system is not without problems: the Constitutional Court is in a trap, because the priority of European law does not apply to it. thus it can only examine the constitutionality of a law originatiing from Europe in the context of how it affects the Hungarian Constitution. The Hungarian legal system must conform to European norms, so legal harmonization is necessary. This requires precise and well-thought-out law-making, while European rules are often simply 'copied' into a Hungarian law, thus ruining the inner logical structure and consistency of the Hungarian law. Behind these problems lies the fact that European law has undergone an 'overdevelopment', and has not been consistently thought through.