Can EU Law and the Right to Effective Judicial Protection Rescue Judicial Review in Hungary?

被引:0
|
作者
Hoffman, Istvan [1 ,2 ]
Papp, Monika [1 ,2 ]
Varju, Marton [1 ,2 ]
机构
[1] Ctr Social Sci HUN REN, Inst Legal Stud, Budapest, Hungary
[2] Eotvos Lorand Univ, Budapest, Hungary
来源
EUROPEAN PUBLIC LAW | 2023年 / 29卷 / 03期
关键词
judicial review; access to justice; Hungary; regression; CJEU; right to effective judicial protection;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The judicial review of administrative action was one of the cornerstones of constitutionalism in post-socialist Hungary transitioning towards a liberal democracy based on the rule of law. However, in the past decade its availability has been subjected to restrictions of both systemic and specific nature. Many of the latter type of restrictions have been brought before the EU Court ofJustice, which established the violation of the relevant fundamental requirements of EU law indicating the necessity of correcting Hungarian administrative law and/or judicial and admin-istrative practice. However, the rulings from the Court of Justice have met restrictive implementa-tion practices, and they have not been able to address systemic regression in judicial protection.
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页码:255 / 274
页数:20
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