Preliminary References from Hungarian Courts 2004–2019

  • Somssich Réka
  • Fehér Miklós Zoltán
doi: 10.32559/et.2019.3.1

Abstract

It is already common knowledge that Hungarian courts are among the most active and motivated ones in initiating preliminary ruling procedure at the European Court of Justice not only in comparison with the EU 10 Member States which acceded in 2004 but also compared to older Member States being approximately of the same size. This paper aims to give a comprehensive overview on the Hungarian references at the occasion of the 15th anniversary of Hungary’s accession to the EU, focusing on the number of references, their subject-matter, the level of the initiating courts in the judicial hierarchy, and their impact on the Hungarian law and on EU law in general.

Keywords:

preliminary ruling procedure possibility to refer obligation to refer preliminary reference factual and legal background necessity

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