Reflexiók a jogegységi panasz kezdeti működésére, különös tekintettel az első indokolatlan eltérést megállapító jogegységi panasz határozatra
Reflections on the early wokrings of the uniformity complaint procedure with special attention given to the first decision determining unjust deviation

Summary/Abstract: A considerable change happened in the role of the Curia as the highest court responsible for uniformity of the application of law. With the restricted precedent system coming into effect in 2020. now the uniformity of the application of law is primarily ensured by the binding power of the Curia’s decisions that have been published in the Collection of Court Decisions. Another important part of the system is the uniformity complaint procedure. A uniformity complaint can be submitted against the Curia’s decision that cannot be further opposed with revision process, if the decision contains a deviation from one of the Curia’s published decisions. If the deviation was unjustified the Uniformity Complaint Council will annul the decision, order the Curia to a new process, and will declare the binding interpretation of law, therefore strenghtening the unity of law. The goal of this study is to closely examine the first case when the Uniformity Complaint Council found unjust deviation. The examination covers the facts of the case serving as a basis for the complaint, and also the question of law that was the focus of the process, which is whether a preliminary ruling of the European Court of Justice can serve as a basis for retrial. While examining the question of law additional attention is given to the main tenets of the relevant EU literature about the institution of preliminary decision making, and the Hungarian legal procedure literature focusing on the topic of retrial.

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