‘The Past Is Unforgettable’: Civil Procedural Law’s Response to the Challenges of Pseudo-Modern Society and Economy in Hungary After 2010

Timár, Balázs (2024) ‘The Past Is Unforgettable’: Civil Procedural Law’s Response to the Challenges of Pseudo-Modern Society and Economy in Hungary After 2010. In: The Resilience of the Hungarian Legal System since 2010. A Failed Resilience? European Union and its Neighbours in a Globalized World (5). Springer Nature, Wien, pp. 177-191. ISBN 9783031704505; 9783031704536; 9783031704512

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Abstract

In this chapter I want to look at civil procedural law from a legal history perspective. My aim is to present one of the flagships of the post-2010 procedural reform, the Code of Civil Procedure, in a legal-historical context. In this context, I will describe the characteristics of pseudo-conservative legislation, with a focus on the merging of substantive and procedural law, and on dogmatic anomalies that not only theory but also practice have to face. In my view, knowledge of legal history can also bring us closer to understanding the presumed intentions of the legislator and to interpreting the resulting legislation. In this context, I will examine the process of what I call procedural law reform, after reviewing the legal and taxonomic antecedents. In the context of the latter, I will present the problems of pseudo-conservative legislation and the contradictions of legal historicism through the fundamental provisions of the Code. Also in this chapter, I intend to illustrate the consequences of centralisation and the abolition of special courts through the way in which labour courts were abolished. The chapter will conclude with a comparative and introspective evaluation of the new law.

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