DECISION 22/2016. (XII. 5.) AB ON THE INTERPRETATION OF ARTICLE E)(2) OF THE FUNDAMENTAL LAW
成果类型：
Article
署名作者：
Mohay, Agoston; Toth, Norbert
署名单位：
University of Pecs; Ludovika University of Public Service
刊物名称：
AMERICAN JOURNAL OF INTERNATIONAL LAW
ISSN/ISSBN：
0002-9300
DOI：
10.1017/ajil.2017.32
发表日期：
2017
页码：
468-475
关键词：
摘要：
In a case of first impression, the Constitutional Court of Hungary (CCH or Court) ruled on November 30, 2016 that, in exceptional cases, it is competent to consider whether Hungary's obligations to the European Union (EU) violate fundamental individual rights (including human dignity) or Hungarian sovereignty as protected by the Hungarian Constitution. The decision places Hungary squarely within the growing group of EU member states whose constitutional courts have decided that, despite the decisions of the European Court of Justice regarding the primacy of EU law, EU member states are not compelled to violate their domestic constitutional obligations in carrying out their shared EU commitments.