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mechanisms are based on election terms and which are, consequently, structurally short-sighted. By ‘European constitutional law’, we mean in this paper both the primary law of the EU and domestic constitutional documents. 4 In the present paper we are first
’s Declaration of Unconstitutional Constitutional Act ’( 2014 b) 8 ICL Journal (Vienna Journal on International Constitutional Law) 29 – 57 . Roznai , Y. , ‘ The Theory and Practice
on the approach adopted by constitutional law. In Spain, organic laws fall within the broader constitutional design, the constitutional bloc, and in most relevant constitutional systems, organic laws may be invoked during the constitutional review of
Law of 10 EU Member States. The 2004 Enlargement . Deventer: Kluwer Law International. Voermans W. Constitutional Law of 10 EU Member States. The 2004
This contribution aims to examine how the Hungarian Constitution applies in private relations through judicial activity and how the anti-discrimination legislation influences this tendency. The current codification procedure of the new civil code calls for a thorough theoretical background in order to answer how its provisions relate to the Constitution. After the general overview of the practice of courts and the Constitutional Court, the criticism of scholars developed on the issue will shed light on the weaknesses, but in spite of them, the overall success of the theory of indirect horizontal effect. The paper will also deal with the horizontal effect of a specific constitutional right, namely the right to equal treatment. I examine the fairly new legal instrument, the act on the prohibition of certain forms of discrimination, and demonstrate how this new practice influences the idea of horizontal effect in constitutional law and what implications it has on the new Civil Code afoot. I argue that the act at first sight exists independently from the requirement of horizontal application of fundamental rights, but, in fact, it implicates the necessity to reconsider in its light how the Constitution applies in private relations.
The Constitution comprises general clauses and notions whose meaning it does not specify in detail-and this meaning can be established by Constitutional Court. In the Polish doctrine of Constitutional law, opinions about the legal status of the Preamble are diversified. The dominant view in the contemporary doctrine of Constitutional law is that the Preamble has a normative character. The Constitutional Court has many times drawn upon the provisions of the Preamble in its rulings. The provisions of the Preamble dealing with Constitutional principles and values form a “bridge” between natural law and positivist law, which may be conducive to a fuller protection of human rights in the state, and consequently a better operation of Constitutional democracy. But the higher the frequency of principle- and value-invoking notions in the Constitutional text (usually in the Preamble), the greater and the more real is the authority of those who interpret these notions-and impart sense to them-in conditions of a particular constitutional dispute.
The author deals with an important question of the Hungarian constitutional law, which plays a relevant role during the accession process of a state of the European Union (EU). It means that the question of legal haromization always arises, when a state is going to join the EU. The author focuses on the question, whether the international law-namely the law of the EU-or the national law should be privileged in given cases. The author introduces the possible conflicts between international law and domestic law with the help of several examples. He refers to the numerous solutions of member-states of the EU and also mentions the situation of some would-be member-states, too. The author highlights the point of view that the Community law precedes the constitutions of the member-states. As a result of this the Hungarian constitution has to be modified in order to meet the requirements of the legal harmonization process, which will emerge with the access of Hungary to the EU.
‘European’ identity. The failure of the European Constitution led to the abandonment of the term, even though the older idea of a European constitutional law, which emerged in the 1980s, has endured. The expression ‘constitutional identity of the member
seize the Constitutional Council by the intermediary of the Supreme Court of its legal order. This procedure was intended to contribute to a unification of constitutional law and to consolidate the supremacy of the Council in this matter. These are
centers of law-making and interpretation that are mutually dependent and interrelated. 27 The legal order of the EU both respects and effects international public law and national constitutional law, while international public law has laid the