Hungarian Constitutional Court: The unconstitutionality of contracts and amending contracts via legislative measures. Jugdment of 20 March 2014, Decision 8/2014 (III 20) (original) (raw)

The New Hungarian Constitution: Legal Critiques from Europe

Review of Central and East European Law, 2017

Hungarian constitutional and legislative reforms have been in the spotlight since Hungary’s adoption of a new Fundamental Law, which entered into force on the first day of 2012. Europe’s two leading international organizations (the Council of Europe and the European Union) already issued an opinion about it the year before its entry into force, and they continued to closely follow Hungarian constitutional developments during ensuing years. The new Fundamental Law was followed by a series of new ‘cardinal laws’ and many controversial reforms. This article presents and discusses the opinions delivered by the Venice Commission, the European Court of Human Rights, and the eu institutions on these reforms and the different types of arguments on which they relied. This article also aims to present the interaction between the Hungarian government and Europe’s two leading organizations concerning the new constitutional setting of Hungary, focusing on the legal arguments in each case.

Constitutional Law: Hungary

2017

new-fundamental-law-of-hungary and updated with the Sixth Amendment (currently applicable text) on the official page of the Constitutional Court of Hungary: https://hunconcourt. hu/fundamental-law/ tutional rights and the basic institutions of state organization can only be regulated by cardinal acts. 9 Hungarian Official Gazette Magyar Közlöny n. 111/2013, pp. 63137-63161. 10 The text of the Fourth Amendment is available in English: http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CD L-REF(2013)014-e 11 Cf. Article 24 (5) of FL. 12 Cf. Article 5, "Closing and Miscellaneous Provisions" FL. 13 22/2012. (V. 11.) AB [40].

Illegal contract as a general clause - European trends and new Hungarian judicial practice

Juridical Tribune, 2024

The invalidity of a contract is a sanction of civil law. In a dispute, the purpose of the law, its effect and its application must be applied together to the contract in conflict with the law. The means of doing so are judicial interpretation and the application of the general clause. An illegal contract may cover several areas: contracts contrary to public policy, a rule of law, morality or fundamental principles. In such a complex legal environment, an important question is which rule is breached and which results in the invalidity of the contract. The relationship between civil law and other rules is of particular importance in the context of the use of AI, where there are a number of technical obligations for the contracting party or administrative rules governing the use of AI. In the digital environment, many sectoral rules impose prohibitions, many norms define specific requirements as well. The study examines the new paradigm of the Hungarian Civil Code of illegal contracts and focuses the judicial practice of the general clause of illegality.

Hungarian Constitutional Court: Keeping Aloof from European Union Law

ICL Journal, 2011

While the European Union is in the process of carefully navigating among the various forms of sub-federalism, Member States - including recent ones like Hungary, trying to find an equilibrium between their sovereignty and European supranationalism - have to cope with possible conflicts between their national legal systems and EU law. Since Hungary's accession to the European Union, the Hungarian Constitutional Court has faced questions regarding the constitutionality of EU legal rules and conflicts between European and national legal norms. This article examines these issues and analyzes criteria of constitutional review that the Court has gradually set out in dealing with some of these conflicts. So far, it has established two principles marking the boundaries of future constitutional practice. First, it will treat the founding and amending treaties of the European Union as part of domestic law for the purposes of constitutional review, thereby setting up a two-tier system of l...

Changes in the Constitutional Review of Legislation in Hungary

Central European Papers

The article presents the changes that had taken place in the relationship between the Parliament and the Constitutional Court through focusing on the development of the Constitutional Court's competences, with particular attention to the review of constitutional amendments and constitutional control over the Parliament's rules of procedure. We place special emphasis on summarizing those voices that had, from the very beginning, harshly criticized the fundamental rights activism of the Constitutional Court and laid the foundations for the political constitutionalism that has pervaded public life since the 2010 elections, as well as the 'public law revolution' grounded in parliamentary sovereignty. This article further discusses new constitutional challenges, such as the joint responsibility of the Parliament and the Constitutional Court in safeguarding national sovereignty and constitutional identity, which opens a new dimension in the separation of powers.

Hungary (2018 Global Review of Constitutional Law)

2019

Eszter Bodnár - Fruzsina Gárdos-Orosz - Zoltán Pozsár-Szentmiklósy: Hungary, in Albert, Richard and Landau, David and Faraguna, Pietro and Drugda, Šimon, I·CONnect-Clough Center 2018 Global Review of Constitutional Law (October 18, 2019). The I·CONnect-Clough Center 2018 Global Review of Constitutional Law. ISBN: 978-0-692-15916-3

MEMORANDUM on the HUNGARIAN NEW CONSTITUTION OF 25 APRIL 2011

2011

This new Hungarian Constitution has stirred much debate in Europe. An impartial analysis of the text suggests that Hungary’s new Supreme Law could surprise a secularist and postmodern Europe. However, the new Constitution’s content should not be considered innovative with regard to European constitutional practice.

The Invalidity of Foreign Currency Loans in the Hungarian Judicial Practice

2017

After the economic crisis, a large part of the Hungarian population could not repay the suddenly increased instalments of their foreign currency loans. In lawsuits concerning the invalidity of these foreign currency loans, the different courts interpreted the provisions of the law differently, so the Curia (the highest judicial authority of Hungary)-fulfilling its constitutional duty-considered it necessary to unify the judicial practice. For this purpose, several Uniformity Decision were adopted. In this study I will briefly summarize the content of three Uniformity Decisions, namely,