CEU Electronic Theses and Dissertations, 2016
| Author | G. Szabó, Dániel |
|---|---|
| Title | Authority of the ECHR in Hungary, the Netherlands and the EU |
| Summary | This thesis compares three approaches towards the European Convention on Human Rights system. Being a monist state, the Netherlands is welcoming towards the ECHR and the practice of the European Court of Human Rights. Given the lack of domestic judicial constitutional review, the Dutch courts apply the ECHR directly in the domestic setup. Hungary is presently best described as hesitant towards the ECHR system: several judgements of the Constitutional Court point towards a greater acceptance of the practice of the ECtHR as binding, but the practice is not yet conclusive. The Court of Justice of the European Union, nevertheless that the EU is not a member to the ECHR, refers to the ECHR quite often, however since the adoption of the Charter of Fundamental Rights, the number of references is decreasing. Since 2010 the constitutional review rights of the Hungarian Constitutional Court are restricted in economic legislation, but review against international norms is still possible in this area. I assess the possibility of the Hungarian Constitutional Court to follow the Dutch path and use the ECHR system more effectively to protect human rights in this restricted area. |
| Supervisor | Granger, Marie-Pierre |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/gszabo_daniel.pdf |
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