The Decision of the Hungarian Constitution Court on Constitutional Identity- Decision 22/2016. (XII. 5.) CC
The Decision of the Hungarian Constitution Court on Constitutional Identity- Decision 22/2016. (XII. 5.) CC

Summary/Abstract: In Decision 22/2016. (XII. 5.) CC the Hungarian Constitutional Court introduced in the “vocabulary” of Hungarian Constitutional Law the concept of constitutional identity. The case was based on the request of the ombudsperson for abstract interpretation of the provisions of the Fundamental Law related to the implementation of EU Law, namely an EUC decision on the resettlement of asylum-seekers. While the Constitutional Court did not answer the question of the ombudsperson, it has expressed its position on ultra vires acts of the European Union in general terms. According to the Court, sovereignty of the state, protection of fundamental rights and constitutional identity can pose limits against the implementation of EU Law. Since then, the Seventh Amendment to the Fundamental Law (2018) included these requirements into the text of the constitution. The article offers a detailed overview and a critical analysis of the Decision of the Constitutional Court

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