Legal Practice

Central Issues of the Application of EU Law in the Recent Case Law of the Hungarian Constitutional Court

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2022-06-02
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Kiss, Árpád L. (2022). Central Issues of the Application of EU Law in the Recent Case Law of the Hungarian Constitutional Court. Pro Futuro, 12(1), 161-174. https://doi.org/10.26521/profuturo/2022/1/11117
Abstract

The present article examines the recent case law of the Hungarian Constitutional Court as regards the constitutional framework and the judicial practice of the application of EU law. After a short overview of the early precedents, the article focuses on the case law subsequent to the adoption of the new Fundamental Law in 2012. In the recent decisions the need for cooperation with the EU Court of Justice is of special importance so the article reflects on this issue as well. The first part scrutinizes the case law concerning the constitutional limitations and control measures of the application of EU law, including the landmark decision of 22/2016 (XII. 5.). The second part focuses on the decisions delivered in constitutional complaint proceedings, which determine the constitutional requirements of the preliminary rulings procedure and the judicial obligation to give a reasoned decision.