Judicial Reasoning & Legal Interpretation
Administrative Adjudication in the History of the Development of the Country
Administrative adjudication; judicial review; administrative courts; legal remedies; rule of law; Hungarian legal history
Administrative adjudication is not unknown in Hungarian history. From the end of the 19th century until the middle of the 20th century, administrative courts, separate from the ordinary courts, exercised judicial control over the public administration. After the socialist takeover, the administrative courts were abolished and judicial control was relegated to the background, with judicial review, limited to an extremely narrow circle, being carried out by the ordinary courts. After the change of regime, with the rule of law coming to the fore, judicial redress became more prominent again and the idea of setting up administrative courts was again raised, but concrete steps in this direction had to wait until the mid-2010s. After lengthy legislative and constitutional work, the constitutional and legislative basis for the establishment of administrative courts was created by 2018, but as a result of EU and international pressure, they were not established.
KOZÁK, BETTINA
The History of the Unification Movement of Hungary from a Legal Pespective
Religious freedom; church registration; Unification Movement; religious equality; legal status; Hungary
There is currently only partial religious freedom in Hungary. One side it is violation of the freedom and equality of religions, the Act CCVI of 2011 openly denies the separation of religious and political institutions. According to this law, the vote of the political parties sitting in Parliament will decide on the recognition of incorporated churches in the future. On the other hand, the Unification Movement, along with many other small churches, can regain its church status if it can present the signatures of at least 1,000 members to the court registration process based on the new modified Act CCVI of 2011 which went into effect since 15 April 2019.
ZALAHEGYI, ZOLTÁN
Eleven Amendments to the Fundamental Law of Hungary and Their Justifications
Constitutional amendments; Fundamental Law of Hungary; constitutional identity; constituent power; legislative justification; constitutional discourse
The article reviews the first eleven amendments to Hungary’s Fundamental Law by analysing the official justifications provided by the constituent power. It identifies changing references to constitutional identity, historical traditions, political will, judicial decisions, European institutions, and contemporary crises.
SMUK, PÉTER
Demokratieinterpretierung auf der Ebene der EU und die rechtsschöpfende Tätigkeit von EuGH
Demokratiedefizit; Europäische Union; EuGH; richterliche Rechtsschöpfung; demokratische Legitimation; Juristokratie
Der Beitrag untersucht das Demokratiedefizit der Europäischen Union und die demokratische Legitimation ihrer Institutionen. Im Mittelpunkt stehen die rechtsfortbildende Tätigkeit des EuGH, richterliche Rechtsschöpfung und mögliche juristokratische Tendenzen.
HEGEDŐS, SOMA
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