Can EU Law and the Right to Effective Judicial Protection Rescue Judicial Review in Hungary?

István Hoffman, Mónika Papp, Marton Varju

Research output: Contribution to journalArticlepeer-review

Abstract (may include machine translation)

The judicial review of administrative action was one of the cornerstones of constitutionalism in post-socialist Hungary transitioning towards a liberal democracy based on the rule of law. However, in the past decade its availability has been subjected to restrictions of both systemic and specific nature. Many of the latter type of restrictions have been brought before the EU Court of Justice, which established the violation of the relevant fundamental requirements of EU law indicating the necessity of correcting Hungarian administrative law and/or judicial and administrative practice. However, the rulings from the Court of Justice have met restrictive implementation practices, and they have not been able to address systemic regression in judicial protection.

Original languageEnglish
Pages (from-to)25-274
Number of pages250
JournalEuropean Public Law
Volume29
Issue number3
DOIs
StatePublished - 2023
Externally publishedYes

Keywords

  • CJEU
  • Hungary
  • access to justice
  • judicial review
  • regression
  • right to effective judicial protection

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