A német alkotmányjogi panasz hatása - biztató kezdetek a magyar gyakorlatban
The introduction of the German-type constitutional complaint into the Hungarian legal scheme was a big step in the realm of the enforcement of constitutional rights, however in practice there are several controversies arising from the unique nature of the constitutional review of court judgments. Th...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2015
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| Sorozat: | Acta Universitatis Szegediensis : forum : acta juridica et politica
5 No. 2 |
| Kulcsszavak: | Alkotmányjog - német |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/85563 |
| Tartalmi kivonat: | The introduction of the German-type constitutional complaint into the Hungarian legal scheme was a big step in the realm of the enforcement of constitutional rights, however in practice there are several controversies arising from the unique nature of the constitutional review of court judgments. The constitutional review allows the losing party of the dispute to seek for additional remedies which were previously not exist in the Hungarian legal system. Without doubt, this new feature will result in the crystallization of constitutional requirements and the respect of human rights in fields that are not closely connected to the country’s basic law. According to the field of civil and commercial law we have only a limited number of cases so far, while most of the petitioners are turning to the Constitutional Court with the intent to quash the criminal court’s decision which resulted in conviction – the majority of cases are criminal law ones. This paper is going to analyze the decisions made by the Constitutional Court in civil and commercial matters with special focus on the recent cases from 2015. We also discuss the requirements of the Court to issue a certiorari to hear the case and discuss it on the merits. Before the issuance of a certiorari the court sits in panels consisting of 5 judges, these panels are having exclusivity while deciding if the petition satisfied the statutory requirements and therefore it is possible to hear the case. Most of the rejections of the constitutional claims based on the lack of clarity according to the concerned or harmed constitutional right and only a very limited number of cases result in the annulment of the ordinary court’s decision. |
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| Terjedelem/Fizikai jellemzők: | 17-32 |
| ISSN: | 2063-2525 |