Full steam back?

Decision of the Hungarian Constitutional Court of 10.12.2021 on EU-law

(X/477/2021.)
Background

17 Dec. 2020 CJEU C-808/18 12 Nov. 2021 COM

Commission v Hungary: Hungary had breached the EU
asylum aquis: • Proposed fine against HU because of failure to comply with the decision
• transit zones
• administrative practice drastically limiting the number of applicants
authorised to enter those transit zones (Röszke, Tompa) daily;
• „push-back practice”: the removal of all third-country nationals staying
illegally in Hungary’s territory

Enforcement of the judgement is contrary to

constitutional identity?
• The effectiveness of the EU rules on expulsion (shared comptence) is not
effective PM Hungary:
• New undesirable population in Hungary? • Expected the HCC to build a legal fence

25 Feb. 2021 MoJ Hungary 10 Dec. 2021

 No decision (Justice delayed is justice
denied – see CEU-judgment of the HCC)

Polish way: CJEU ruling unconstitutional

Possible (no primacy of EU law)
paths of the German way (PSPP): requesting a
HCC preliminary ruling from the CJEU

Counterbalance (somehow)
HCC: Just leave me alone!
HCC decision:
HCC DID NOT RULE in 62 pages: (Procedural escape)

• on the overruling of the CJEU judgement
(HCC has no such competence in an abstract
constitutional interpretation)
• that the joint exercise of powers (in asylum
matters) has any shortcomings
• on the overruling of the previous decisions
on the relationship between EU-law and
Hungarian law
• whether the argument of the MoJ is correct,
that as a result of the CJEU judgment, a
foreign population may become a de facto
part of the Hungarian population
• IF there are shortcomings in the joint
excercise of competences HU is
entitled to exercise the non-exclusive
powers UNTIL the EU takes the
necessary measures.
• Who will decide these question?
• „Other organs of the Hungarian State”
(=„just not me”), (- or maybe CJEU -
NZ)
Sources
• Nóra Chronowski – Attila Vincze: Full steam back? – The Hungarian CC
avoids further conflict with the ECJ

• To be published at verfassungsblog.de