{"title":"判决后:2004年至2019年及以后匈牙利司法系统初步裁决的执行情况","authors":"Márton Varju, Ernő Várnay","doi":"10.54648/cola2022117","DOIUrl":null,"url":null,"abstract":"The role played by preliminary rulings in EU legal integration and their impact on national legal systems can only be adequately understood if their implementation by national courts is scrutinized in detail. Based on a dataset collected over the past two years, this article examines the implementation of the preliminary rulings referred by Hungarian courts in the Hungarian judicial system in the period between EU accession and 2019 and somewhat beyond. Its principal aim, using the conceptual and analytical framework developed in previous scholarship, is to establish whether the so-called “implementation prejudice” observed in other national jurisdictions also characterizes national court implementation in Hungary. The article’s main finding is that in this first period of EU membership, despite the often rather hostile general climate for the application of EU legal obligations, the ECJ’s preliminary rulings have been implemented by Hungarian courts with only a handful of problematic cases arising in national judicial practice.\npreliminary rulings, national court implementation, Hungary, implementation record, legal integration","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":" ","pages":""},"PeriodicalIF":1.7000,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"After the Judgment: The Implementation of Preliminary Rulings in the Hungarian Judicial System 2004–2019 and Beyond\",\"authors\":\"Márton Varju, Ernő Várnay\",\"doi\":\"10.54648/cola2022117\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The role played by preliminary rulings in EU legal integration and their impact on national legal systems can only be adequately understood if their implementation by national courts is scrutinized in detail. Based on a dataset collected over the past two years, this article examines the implementation of the preliminary rulings referred by Hungarian courts in the Hungarian judicial system in the period between EU accession and 2019 and somewhat beyond. Its principal aim, using the conceptual and analytical framework developed in previous scholarship, is to establish whether the so-called “implementation prejudice” observed in other national jurisdictions also characterizes national court implementation in Hungary. The article’s main finding is that in this first period of EU membership, despite the often rather hostile general climate for the application of EU legal obligations, the ECJ’s preliminary rulings have been implemented by Hungarian courts with only a handful of problematic cases arising in national judicial practice.\\npreliminary rulings, national court implementation, Hungary, implementation record, legal integration\",\"PeriodicalId\":47406,\"journal\":{\"name\":\"Common Market Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.7000,\"publicationDate\":\"2022-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Common Market Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.54648/cola2022117\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Common Market Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.54648/cola2022117","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
After the Judgment: The Implementation of Preliminary Rulings in the Hungarian Judicial System 2004–2019 and Beyond
The role played by preliminary rulings in EU legal integration and their impact on national legal systems can only be adequately understood if their implementation by national courts is scrutinized in detail. Based on a dataset collected over the past two years, this article examines the implementation of the preliminary rulings referred by Hungarian courts in the Hungarian judicial system in the period between EU accession and 2019 and somewhat beyond. Its principal aim, using the conceptual and analytical framework developed in previous scholarship, is to establish whether the so-called “implementation prejudice” observed in other national jurisdictions also characterizes national court implementation in Hungary. The article’s main finding is that in this first period of EU membership, despite the often rather hostile general climate for the application of EU legal obligations, the ECJ’s preliminary rulings have been implemented by Hungarian courts with only a handful of problematic cases arising in national judicial practice.
preliminary rulings, national court implementation, Hungary, implementation record, legal integration
期刊介绍:
The Common Market Law Review has provided a forum for the keenest legal minds in the fields for more than 40 years. Because of the international composition of its Editorial Board, and in view of the fact that it is able to attract contributions from all over Europe, and from the United States, the Review is able to adopt a unique approach to capitilize Community issues. Each issue contains articles dealing with matters of current interest; the authoritative treatment given to each topic ensures lasting juridical value. This pre-eminent journal brings you detailed, in-depth examination of the most pressing and far-reaching issues on Community Law.