Access to Constitutional Justice in the New Hungarian Constitutional Framework: Life after the Actio Popularis?
in A. Geisler–M. Hein–S. Hummel (eds.): Law, Politics, and the Constitution. New Perspectives from Legal and Political Theory (= Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook, vol. 4). Frankfurt/Main et al., Peter Lang, p. 63-78
15 Pages Posted: 19 Jul 2014
Date Written: February 1, 2014
The paper aims at presenting and evaluating the conditions of access to the Hungarian Constitutional Court after the coming into force of the new Fundamental Law and Constitutional Court Act on 1 January 2012. The abolition of actio popularis and the concomitant introduction of full constitutional complaint opened a new scenario for the Hungarian Constitutional Court in which a shift of emphasis from abstract to concrete review may be expected. More than one year after the entering into force of the new scheme it is possible to make an early evaluation of the practice based on the new framework. How are these new forms being used by the complainants and interpreted by the Court? Can we already delineate the new trends of case-law?
Keywords: actio popularis, constitutional complaint, Hungarian Constitutional Court, constitutional justice, access to justice
JEL Classification: K19, K49
Suggested Citation: Suggested Citation