2025. évfolyam

The purpose of this article is to present the legal protection of detainees provided by constitutional courts in relation to fundamental rights enforced during the execution of criminal sentences. The research is based on certain decisions of the Hungarian Constitutional Court and the Italian Constitutional Court in the field of penitentiary law. The paper first examines the constitutional normative… Tovább

This study, through an examination of thirty-five years of case law, demonstrates that the Hungarian Constitutional Court intervenes in internal parliamentary affairs only in instances of clear and direct constitutional violations. The analysis then places this approach in a comparative perspective by showing that the European Court of Human Rights has increasingly recognized parliamentary autonomy… Tovább

The Fundamental Law brought about a significant change in the powers of the Hungarian Constitutional Court with the introduction of the constitutional complaint against judicial decisions. While the Constitutional Court was previously only able to conduct a narrow review of the application of the law within the framework of ex post (abstract) norm control aimed at the objective protection of the constitutional… Tovább

This study first undertakes to present the 2012 turning point affecting the powers of the Constitutional Court, followed by an introduction to the institution of the genuine constitutional complaint. It then examines – by drawing on comparative legal perspectives – the admissibility of EU fundamental rights standards in the context of genuine constitutional complaint procedures.

Keywords: caesura,… Tovább

Since its establishment in 1990, the Hungarian Constitutional Court has played a pivotal role in shaping legal thought and practice, not only within Hungary but also in the broader European constitutional landscape. Among its distinct contributions is the clarification of key legal concepts – most notably, national sovereignty, constitutional identity, and ‘essential state functions’ under Article… Tovább

When constitutional courts find a legislation in violation of constitutional provisions they need to proceed with caution. While removing unconstitutional legislation from the legal system is essential, temporal solutions may be needed especially if the annulment may leave a legal vacuum, in order to protect legal certainty, the rights of individuals, public interest, and also the effective enforcement… Tovább