An Opportunity Seized or Lost? : The Application of Article 47 of the Charter by Hungarian Courts

Varju, Marton and Papp, Mónika (2023) An Opportunity Seized or Lost? : The Application of Article 47 of the Charter by Hungarian Courts. In: Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 The National Courts’ Perspectives. Hart Publishing Ltd., Oxford, pp. 89-107. ISBN 9781509947997

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Abstract

The application of Article 47 of the Charter of Fundamental Rights of the European Union (EUCFR) by Hungarian courts has been varied. On the one hand, it has been used in significant cases, often to clarify crucial points of law and to rectify serious legal problems. On the other hand, its reception and impact has been limited to certain divisions of the national judiciary and to certain areas of domestic law. The fundamental rights covered by Article 47, like other rights protected in the EUCFR, still seem to struggle to gain a more widespread recognition in the Hungarian judiciary at large. In the future, the application of Article 47 is expected to gain further relevance as it may represent the final guarantee of judicial protection under law in contemporary Hungary.

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