A team of researchers led by Armin von Bogdandy at Heidelberg's Max Planck Institute suggests a novel solution on how a certain standard of fundamental rights protection in the Member States of the European Union can be developed in harmony with the treaties and case law. By combining the normative content of EU citizenship with the widely shared concept of an essential content of fundamental rights, the authors suggest the ECJ and national courts to adopt a reverse Solange-doctrine, allowing individuals qua EU citizens to reclaim their rights in case of systemic failure in any of the Member States.
Catherine Dupré in her study critically assesses the concept of human dignity in the Hungarian Fundamental Law. On the basis of her comparative analysis she concludes: the provisions with regard to human dignity are rather unusual in the European constitutionalism as they are not centered on the inherent quality of all human beings equally, it is heavily loaded with religious and family values.
In his essay, Gábor Halmai deals with one of the forms of the migration of constitutional ideas, the use of foreign law in constitutional interpretation.
András Baka who was the President of the Supreme Court till the end of 2011 gave an interview to Zoltán Fleck about the changes in the judicial system after the new Fundamental Law, and the - at the time of the interview only draft - laws on the judiciary.
In this column András Hanák, Kriszta Kovács, Bernadette Somody, Beatrix Vissy and Mátyás Bencze deal with the new system of constitutional review, introduced by the Fundamental Law and the new law on the Constitutional Court. The authors try to assess the future of the protection of fundamental rights given both the new competences and the composition of the new Court.
Katalin Kelemen discusses the new cardinal law on the Constitutional Court.
Balázs Majtényi assesses a few emphatic sentences of the new Hungarian Fundamental Law from the viewpoint of law and literature.
László Majtényi provides an analysis of the new law on freedom of information.
In this column we present summaries of the the recent judgments of the Hungarian Constitutional Court and the European Court of Human Rights. ■
Visszaugrás