Hungarian Yearbook of International Law and European Law

Article

The ECtHR on Constitutional Complaint as Effective Remedy in the Hungarian Legal Order

Keywords ECHR, Constitutional Court of Hungary, constitutional complaint, exhaustion of domestic remedies, subsidiarity
Authors Péter Paczolay
Author's information

382483 Péter Paczolay
Péter Paczolay: professor of law, University of Szeged; judge, ECtHR.
  • Abstract

      Since 2012 a new regulation of the constitutional complaint was introduced to the Hungarian legal system that since then also includes the full constitutional complaint against final court decisions. Besides this new remedy , two other exist: a complaint against a legal provision applied in court proceedings (in force since 1990), and an exceptional form of the complaint against a legal provision, when there are no real and effective remedies available. Before 2012 the ECtHR did not consider the constitutional complaint to be an effective domestic remedy that needs to be exhausted. In two decisions taken in 2018 and 2019 the ECtHR declared that – under the respective conditions and circumstances – all three kinds of constitutional complaints may offer an effective remedy to the applicants at domestic level. The case note presents the two cases summarizing the main arguments of the ECtHR that led to this conclusion.

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