The Constitutionality of International Treaties in the Hungarian Legal System

Margittay-Mészáros, Árpád (2022) The Constitutionality of International Treaties in the Hungarian Legal System. Gubernaculum et Administratio, 28 (2). pp. 79-94. ISSN 1730-2889

Text The_Constitionality.pdf.crdownload - Published Version Download (353kB)

Abstract

The purpose of this study is to provide a historical overview of the relationship between International Law and Hungarian Domestic Law and to present the constitutional regulation. In Hungary, the currently effective regulation follows the same dualist practice with respect to international treaties as it once did during the period of the historical constitution. However, Hungarian Domestic Law inevitably continues to present this day the problems that arise from the lack of regulations in the period following the historical constitution, and then from contradictory regulations. The study covers legal background of both the before and after the regime changes, highlighting some constitutional contradictions, which are also illustrated by some decisions of the Constitutional Court. However, the current law and the Constitutional Court no longer attaches importance to the transformed international treaties, i.e. to the promulgating legislation, but to the full enforcement in the Domestic Law of the existing international treaties.

Actions (login required)

Edit Item