Review of national transposing law Sample Clauses

Review of national transposing law. The examination of EC-law transforming domestic legal norms falls much deeper within the competence of the HCC under Constitution Art. 32/A(2), as read with Dec. 4/1997(I.22) AB292 and Dec. 30/1998 (VI.25) AB.293 In these rulings, the HCC affirmed its competence to review international treaties before promulgation (as provided for in Act XXXII of 1989, ss. 1(a) and 36) as well as a posteriori by examining the national norm which had “domesticated” the treaty or the relevant secondary legislation created by organs established under that treaty. It was possible therefore for the HCC to annul such national law, e.g., implementing a Directive, on the ground of its unconstitutionality.294 However, Xxxxxxxxx & Xxxx opposed this position and argued that this be expressly excluded:295 The possibility of the Constitutional Court examining constitutionality of European law has to be excluded because this would impair powers of the ECJ. To avoid this, Article 32/A of the Constitution has to be amended to the effect that powers of the Constitutional Court do not include examination of European [Union] measures binding on the Republic of Hungary or the examination of conformity to the law of the European [Union] of their executive measures. As it turned out, these powers and their exercise were not expressly amended with respect to EU accession. From this, it may be possible to deduce that such explicit circumscription of the HCC’s powers, particularly after its clear reasoning in Dec. 4/1997 (I.22) AB, was not up for reconsideration where it stated:296 291 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; (2009) 36 EuGRZ 339, at paras. 237-241. 292 ABH 1997, 41. 293 ABH 1998, 220. 294 This position was expressly acknowledged by the Hungarian Government in its 2001 Paper, with the reservation that a ruling by the ECJ on the particular EC provision’s direct effect could prevent constitutional review: 2001 Government Paper, at 36. 295 Xxxxxxxxx & Xxxx (2002), at 5. 296 ABH 1997, 41, at 52. From [its] decisions, the following position becomes clear: the German FCC besides exercising its constitutional power concerning a posteriori review “naturally” – especially with regards to European Union treaties – must not give up any part of its task to protect the Constitution; this function, then, extends to every way of exercising sovereignty under the Constitution. On the basis of this, the Constituti...
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