In the German version of the judgement one can read instead the word “analogy”: “Bei der entsprechenden Anwendung der... angeführten Rechtsprechung...” (corresponding application of the referred caselaw).
In paragraph 29
The present study undertakes the review of one of the essential authorities of the Hungarian Constitutional Court: the issue of abstract subsequent norm control, which is currently amongst the most significant questions. The possibility of the constitutional review of the Supreme Court's directives on unifying the case law is subject to debate in legal literature and in the intercourse between the two organs as well. This study intends to elicit the nature of the problem through the elaboration of relating regulation and by utilizing certain Constitutional Court decisions concerning the subject. It will arrive at the conclusion that the present regulation also gives scope to the Constitutional Court review of directives on unifying the case law. The paper gives a survend evaluation of the solutions involved in the draft of the new Constitutional Court Act too.
The European Convention on Human Rights is a milestone in the development of international law, aimed at guarding fundamental freedoms and human rights in Europe. As a consequence of the unique path of Central and Eastern European legal development, the provisions of the Convention and the case law of the European Court of Human Rights were not necessarily implemented into Hungarian law through the jurisprudence of Hungarian courts, but it was much rather the Constitutional Court who facilitated such implementation. Although the human rights protection system shaped by the European Court of Human Rights has now become an integral part of Hungarian law, the effect of the Convention and the Strasbourg case law on the Hungarian legal development is still rather meagre. The present article seeks to explore the possible reasons for this development.
This article presents a concept on legal character called The Eternity Clause i.e. a legal standard declaring some principles, values or specific constitutional provisions to be unalterable and irrevocable. The Eternity Clause is viewed as a substantive legal instrument, which enables society to preserve its values for eternity. Its purpose is to surpass simple appeal and limit practical ‘power’; to maintain the desired values; to maintain the political system and maybe even remove the mask of legality from violent revolution.
The majority of the modern constitutions contain some form of Eternity Clause. However, the purpose of this paper is to show that the clause can be viewed in another way. It concerns a practical instrument, which should be also heard in political and constitutional law debate especially during constitutional-law making process.
This article summarizes the background of child abduction cases related to Hungary, giving a comprehensive analysis of such cases between the period of 2000 and 2014. In the first section, the reader finds a statistical analysis and the second part deals with the legal and practical background. The final conclusions give some recommendations for the European and domestic legislators. The essay was created as part of a report published by the European Parliament, collected by the Swiss Institute of Comparative Law on the actual situation of child abduction in Europe.
The essay attempts to give an overview on the cases relating to Hungary before European Court of Justice in the period between 2004–2007, which are classified into four categories. The first part of the article analyses eleven procedures concerning petitions for preliminary rulings, illustrating the bearings of the cases and pointing out the importance as well as consequences from the point of view of the Hungarian legal order. The essay refers to the fact that activity of Hungarian courts to apply preliminary ruling procedures is exceptionally high comparing with the other nine Member States acceded to EU in 2004 and in almost each cases concerned, the references were profoundly considered by the Hungarian court. The second category described in this paper includes cases, in which Hungarian individual persons participate as litigants (including the cases before Civil Service Tribunal). The experiences of these procedures on the basis of direct complaints indicate the conclusion that in several cases, the attorneys representing the plaintiff before ECJ involve not enough responsibilities to avoid bringing obviously inadmissible actions. In the third part of the paper the reader can get an insight into the cases in which the Republic of Hungary appears as litigant. Finally the fourth category embraces cases with indirect interest relating Hungary. These are referred but not deeply examined in the article.
its own sphere of competence. Judicial review was later legitimized by the 1923 Constitution and was part of the constitutional design until the communist takeover. However, it did not produce a relevant case-law. 1 The idea of constitutional
Convention on Human Rights (ECHR); their obligation to follow caselaw of the European Court of Human Rights (ECtHR) 2 and thus, from the broader perspective, is also rooted in the European legal culture. 3 The EU legislatory and the EU Court of Justice
passivist approach are exemplified with the caselaw of the Court. Finally we conclude by arguing that besides the activist Court we have also a court with clearly identifiable passivist features. The driving forces behind the passivism of the Courts of the
In patent law most of the crucial legal questions such as patentability and infringement are linked to the patent claims. The European Patent Office regards patent claims as a set of independent features which are examined separately in a more or less formal way. The author has found that this approach allows for developing a simple logic model which treats patent claim features as logical statements and patent claims as compound statements wherein the individual logical statements are connected by logical connectives. The proposed logic model provides a uniform system for examining various legal questions that are dealt with separately under current case-law, moreover, it allows for examining the logical coherence between the different case-law decisions as well as detecting any hidden logical inconsistencies. The present paper offers an overview of the different legal questions linked to the patent claim and demonstrates the practical application of the proposed model.