Interpretation of the Rule of Law in the Practice of the Hungarian CC

Interpretation of the Rule of Law in the Practice of the Hungarian CC in light of the Integration Clause of the Fundamental Law Presented by: Dr. Krajnyák Date: 22 October 2024 The Integration Clause of the Fundamental Law - Article E): • (1) In order to enhance the liberty, well-being and security of the people of Europe, Hungary shall contribute to the creation of European unity. • (2) With a view to participating in the European Union as a Member State and on the basis of an international treaty, Hungary may, to the extent necessary to exercise the rights and fulfil the obligations deriving from the Founding Treaties, exercise some of its competences arising from the Fundamental Law jointly with other Member States, through the institutions of the European Union. Exercise of competences under this paragraph shall comply with the fundamental rights and freedoms provided for in the Fundamental Law and shall not limit the inalienable right of Hungary to determine its territorial unity, population, form of government and state structure. [...] Rule of Law as a Value in the EU - Absence of reference to the rule of law in the original founding treaties • Article 164 EEC: "The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed." (cf. Article 19(1) TEU) • Les Verts v European Parliament (Case 294/83): "[...] the European Economic Community is a community based on the rule of law" - Preamble of the Maastricht Treaty: "[...]the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law" cf. Treaty of Amsterdam "[...] principles which are common to the Member States" - Treaty on European Union: • Article 2: "The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Interpretation of the Rule of Law in the EU - Development of the EU's Rule of Law Toolbox: • 2006: adoption of the CVM mechanism (Romania, Bulgaria) • 2014: Rule of Law Framework: the first time the European Commission attempted to give a comprehensive definition of the notion of the rule of law  Legality: a transparent, accountable, democratic and pluralistic process for enacting laws  Legal certainty  Prohibition of arbitrariness of the executive powers  Independent and impartial courts  Effective judicial review: including respect for fundamental rights  Equality before the law - Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget • Recital 6: "While there is no hierarchy among Union values, respect for the rule of law is essential for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights. There can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa." • Recital 3: "The rule of law requires that all public powers act within the constraints set out by law, in accordance with the values of democracy and the respect for fundamental rights as stipulated in the Charter of Fundamental Rights of the European Union (the 'Charter') and other applicable instruments. - 2014 Rule of Law Framework: • The case law of the CJEU, the ECtHR, and documents of the CoE (Venice Commission) - CJEU case law • Associação Sindical dos Juízes Portugueses, Judgment of the Court of Justice (Grand Chamber) of 27 February 2018 • Minister for Justice and Equality, Judgment of the Court (Grand Chamber) of 25 July 2018 Rule of Law in the Hungarian Fundamental Law - Article B) (1): "Hungary shall be an independent, democratic rule-of-law State". • Cf. Article 2(1) of Act XXXI of 1989  Exercise of public power, division of powers, legality of administration, legislation, legal certainty - Article E) (2): "With a view to participating in the European Union as a Member State and on the basis of an international treaty, Hungary may, to the extent necessary to exercise the rights and fulfil the obligations deriving from the Founding Treaties, exercise some of its competences arising from the Fundamental Law jointly with other Member States, through the institutions of the European Union. Exercise of competences under this paragraph shall comply with the fundamental rights and freedoms provided for in the Fundamental Law and shall not limit the inalienable right of Hungary to determine its territorial unity, population, form of government and state structure." The Interpretation of the Integration Clause - "The extent necessary": domestic constitutional requirements against EU exercise of power active role of the Parliament (143/2010, VII.14) - "Exercise [...] competencies [...] jointly": two limitations • 1. sovereignty control: the exercise of power cannot infringe the sovereignty of Hungary • 2. identity control: the exercise of power cannot lead to an infringement of constitutional identity (22/2016, XII.5.) - "Right [...] to determine its territorial unity, population, form of government and state structure": self-identity of the nation through. human dignity (32/2021, XII.20) Concluding Remarks - "The precise content of the principles and standards stemming from the rule of law may vary at national level, depending on each Member State's constitutional system." - Supranational concept of the rule of law vs national interpretation - Supranationalization of the concept of the rule of law? Enforcement - Explicit transfer of competence?