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.
The study examines the new act on business associations passed in 2006. It concludes, that the general principles, the structure of the Hungarian corporate law have remained unchanged since 1988, however, because of the practical demands and the European legal harmonization requirements a new act on business associations was necessary. The new act introduced several entrepreneur-friendly legal institutions and carried out a significant deregulation as well.
, ‘ Az ideiglenes és biztosítási intézkedések jogharmonizációs szempontú vizsgálata ’ (The analysis of interim and protective measures from a legalharmonisation point of view) ( 2001 ) 4 Európai Jog 22 – 28