Hungarian Yearbook of International Law and European Law

Article

In Unchartered Waters?

The Place and Position of EU Law and the Charter of Fundamental Rights in the Jurisprudence of the Constitutional Court of Hungary

Keywords Constitutional Court of Hungary, Charter of Fundamental Rights, preliminary ruling procedure, constitutional dialogue, CILFIT criteria
Authors Márton Sulyok en Lilla Nóra Kiss
Author's information

364507 Márton Sulyok
Senior lecturer, University of Szeged.

364510 Lilla Nóra Kiss
Junior research fellow, University of Miskolc.
  • Abstract

      This paper examines the perception and position of EU law in the jurisprudence of the Constitutional Court of Hungary within the constitutional arrangements brought to life after 2012. In this context, the inquiry addresses the changes regarding the status of EU law in constitutional case-law amounting to what is identified here as the method of ‘resourceful engagement’. Under this approach, the paper also examines the extent and frequency of the use of human rights reasoning based on the Charter of Fundamental Rights of the EU in the proceedings of the Constitutional Court (2015-2019), focusing mostly on constitutional complaints procedures. The paper briefly mentions the controversial nature of the ‘Implementation Dilemma’ regarding the Charter and its application in Member States’ constitutional court proceedings. As a corollary, in light of domestic procedures examined in the Repcevirág Szövetkezet v. Hungary judgment (April 2019) of the ECtHR, it examines whether the Constitutional Court could eventually start acting as a court of referral under Article 267 TFEU in such proceedings where the protection of fundamental rights under the Charter would require the interpretation of EU law. This would mark a shift from the earlier ‘context of non-reference’ to an approach of ‘resourceful engagement’ suggested by this paper.

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