ECJ ruling priority Sample Clauses

ECJ ruling priority. As the background to the HCC’s understanding of the priority of ECJ rulings, it has been argued185 that since Constitution Art. 2/A provides that Hungary may exercise certain 182 X. Xxxx & X. Xxxxxx, Alapjogok: Alkotmányan II, Osiris Kiadó Budapest (2008), at 370-375; and X. Xxxxxx, “Az alkotmány mint xxxxx a bírói jogalkalmazásban” 1998/3 Fundamentum 77-81. 183 Dec. 57/1991 (XI.8) AB: ABH 1991, 272. 184 While in Germany a citizen can go to the Constitutional Court if the final decision of an authority infringes his fundamental rights and this breach cannot be solved otherwise, this is not possible in Hungary (though many urge the introduction of the German model). 185 X. Xxxx, “A Magyar Alkotmány helyzete az EU-csatlakozás után,” in X. Xxxxx & X. Xxxxxx, A Magyar jogrendszer átalakulása: 1985/1990-2005. Jog, rendszerváltozás, EU-csatlakozás, Gondolat Kiadó and sovereign powers through European institutions and that the ECJ is such an institution, this transfer of powers extends to decisions of the ECJ in the same way as it extends to acts of the European legislative bodies. As a result since the Constitution has expressly approved or allowed such transfer, ECJ decisions cannot be regarded as being incompatible with the Constitution. While this latter contention may certainly be challenged – even the academic in question notes that there are limitations186 – nevertheless it does support the present author’s argument that interpretation of European law by the ECJ will be recognised as enjoying priority, even by the HCC.
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Related to ECJ ruling priority

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