New trends in the case law of the Court of Justice of the European Union : Focusing on the Hungarian experience of preliminary ruling procedures in the field of single market law

Gombos, Katalin (2024) New trends in the case law of the Court of Justice of the European Union : Focusing on the Hungarian experience of preliminary ruling procedures in the field of single market law. ANNALES UNIVERSITATIS SCIENTIARUM BUDAPESTINENSIS DE ROLANDO EÖTVÖS NOMINATAE - SECTIO IURIDICA, 63. pp. 21-40. ISSN 0524-899X

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Abstract

Cooperation between the Court of Justice of the European Union and national courts is based on the preliminary ruling procedure. In particular, there has been a large number of preliminary rulings in the area of the internal market. Hungary has been a Member State of the European Union for 20 years. Based on the experience with the Hungarian preliminary ruling procedures, clearly visible changes and shifts in emphasis in the case law of the Court of Justice can be traced. Three of these trends are presented in this paper. First, it is argued that the preliminary ruling procedure has undergone a transformation, shifting its focus from the interpretation of EU law itself to assessing the compatibility of national legislation, as well as national administrative and judicial practices, with EU law. Second, the adoption of the Charter of Fundamental Rights, and in particular, its elevation to the status of a primary source of law by the Treaty of Lisbon, has resulted in the strengthening of the fundamental rights approach in preliminary ruling procedures. Further reinforcement of this new approach is expected with the evolving division of responsibilities between the CJEU and the General Court. Third, the CJEU is required to respond to the new challenges of the 21st century in the context of the Digital Single Market, and public authority activity shall at least be as much focused on law enforcement (mainly related to digital data) as it is on market surveillance with regulatory functions.

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