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

Hoffman, István and Papp, Mónika and Varju, Márton (2023) Can EU Law and the Right to Effective Judicial Protection Rescue Judicial Review in Hungary? EUROPEAN PUBLIC LAW, 29 (3). pp. 1-20. ISSN 1354-3725

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Abstract

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 Courtof Justice, which established the violation of the relevant fundamental requirements of EU law indicating the necessity of correcting Hungarian administrative law and/or judicial and administrative practice. However, the rulings from the Court of Justice have met restrictive implementation practices, and they have not been able to address systemic regression in judicial protection.

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