The Hungarian Constitutional Court and the Financial Crisis

Gárdos-Orosz, Fruzsina and Chronowski, Nóra (2017) The Hungarian Constitutional Court and the Financial Crisis. HUNGARIAN JOURNAL OF LEGAL STUDIES, 58 (2). pp. 139-154. ISSN 2498-5473

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Abstract

The article joins the scholarly discussion regarding how the financial crisis affects constitutional adjudication. It is argued that constitutional adjudication is changing in Hungary partly with regard to the financial crisis, because references to the financial crisis are a strong element of the argumentation e.g. in foreign currency loan related cases, but also in the justification of general constitutional changes, in the adoption of certain provisions of the Fundamental Law. The assessment suggests that the instability of constitutional adjudication is also interrelated with the general constitutional crisis in Hungary since 2010. Both factors of the financial crisis and of the constitutional crisis have led to the alteration of former rule of law standards in Hungary also in cases related to the financial crisis, but otherwise as well. The paper composes of two parts, the first explains the deepest f inancial and constitutional crisis. In the second part, we summarize the jurisprudence of the Constitutional Court in foreign currency loan related cases and evaluate the argument of financial crisis in these cases compared to others.

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