Verfassungsblog ()

The Hungarian Constitutional Court’s case with the ECHR: an ambivalent relationship

  • Eszter Polgári

Journal volume & issue
no. 2366-7044

Abstract

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Hungary was the first country in the post-Soviet bloc that joined the Council of Europe and ratified the European Convention on Human Rights and this remains a matter of national pride. While the Convention is perceived as a yardstick in human rights protection that may not be circumvented, still lively debate surrounds the authority of the case-law of European Court of Human Rights. The recent constitutional reform has left the status of the Convention largely untouched. The Convention still enjoys a supra-legislative rank: it is subordinated to the Fundamental Law but is superior to all other pieces of legislation.

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