Preparing for constitutional dialogue with the CJEU or sharpening the Hungarian sword against EU law?
2024. September 02. 14:04
On 12 December 2023, the Hungarian Parliament introduced a new article into the Act on the Constitutional Court (see Act CLI of 2011, § 38/A, as amended by Act LXXXV of 2023, Art. 3) and created a new competence called "Decision on a preliminary EU interpretative opinion". The authors analyse here the deeper meaning and potential of the new competence, especially in the light of the Rules of Procedure of the Court of Justice of the European Union. It seems that the new interpretive power is intended to serve the constitutional European judicial dialogue, but it does not seem to be a suitable instrument either procedurally or substantively.