European constitutional justice in the XXI. century is no longer conceivable without that the constitutional courts of the Member States take into account each other’s practice and experiences. However, the relationship between supranational and constitutional courts is even more important in the European legal order. In the spirit of this, the practice of the Hungarian Constitutional Court (hereinafter: “HCC”) is presented in the light of the way in which it applies foreign case law.
The HCC is committed to the European constitutional dialogue, in the spirit of which the body takes into account the decisions of the European forums in many of its decisions. In this context, we refer to the case law of the Court of Justice of the European Union (hereinafter: CJEU), the case law of the European Court of Human Rights (hereinafter: “ECtHR”) and the case law of the Constitutional Courts of other Member States. However, before we go into the description of the application of foreign case law, it is necessary to review the legal environment concerning the HCC.