Conferral of powers under Constitution Art Sample Clauses

Conferral of powers under Constitution Art. 2/A With the entry into force of the integration clause, Constitution Art. 2/A, the limits to integration permitted as constitutional became more clearly defined. Article 2/A(1) provides: By virtue of treaty, the Republic of Hungary, in its capacity as a Member State of the European Union, may exercise certain constitutional powers jointly with other Member States to the extent necessary in connection with the rights and obligations conferred by the treaties on the foundation of the European Union and the European Communities (hereinafter referred to as “European Union”); these 232 Ficsor (1997), at 464. 233 Ficsor (1997), at 464. 234 Lisbon, 30 Juni 2009, 2 BvE 2/08 and 5/08, and 2 BvR 1010/08, 1022/08, 1259/08 and 182/09: BVerfGE 123, 267; [2010] 2 CMLR 712. powers may be exercised independently and by way of the institutions of the European Union. Xxxxxxx & Sonnevend235 argue cogently that this integration clause expressly permits such an extensive national constitutional limitation on the exercise of sovereignty vis-à- vis EU membership, broader than that usually allowed under international treaty as well as usually permitted under Constitution Art. 2(1) and (2) (as interpreted by the HCC236), that Art. 2/A amounts to an exception to the constitutional principle of democratic legitimation thereby rendering it a lex specialis compared to Art. 2 Article 2/A is worded not as a “once-and-for-all” clause to allow Hungary to accede to the EU and to furnish it with a legal basis for a transfer of the exercise of sovereignty on that accession only, but rather as the continuing legal basis for the exercise of public power by the EU in Hungary: consequently, any limits placed on Article 2/A would impede the implementation of EU law in Hungary. The HCC has itself referred to the effect of Constitution Art. 2/A in Dec. 61/B/2005 AB237 in which it noted that the aim of that provision was to define the premises and framework of Hungary’s participation in the EU. It identified how the authorisation in that Article operated together with its limitations:238 The above mentioned provision of the Constitution provides authorisation for the Republic of Hungary on the one hand to conclude international treaties under which it would exercise certain powers jointly with other Member States, and on the other to exercise joint powers through the European Union’s institutions. There are, however two limitations: (1) The joint exercise of powers should only take place as far as ...