On the Possibility of Constitutional Court's Review of Directives on Unifying the Case Law in the Republic of Hungary

Tilk, Péter (2004) On the Possibility of Constitutional Court's Review of Directives on Unifying the Case Law in the Republic of Hungary. Acta Juridica Hungarica, 45 (1-2). pp. 101-130. ISSN 1216-2574

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Abstract

The present study undertakes the review of one of the essential authorities of the Hungarian Constitutional Court: the issue of abstract subsequent norm control, which is currently amongst the most significant questions. The possibility of the constitutional review of the Supreme Court's directives on unifying the case law is subject to debate in legal literature and in the intercourse between the two organs as well. This study intends to elicit the nature of the problem through the elaboration of relating regulation and by utilizing certain Constitutional Court decisions concerning the subject. It will arrive at the conclusion that the present regulation also gives scope to the Constitutional Court review of directives on unifying the case law. The paper gives a survend evaluation of the solutions involved in the draft of the new Constitutional Court Act too.

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