The Effectiveness and Application of the EU Principle of Consistent Interpretation in Hungarian Courts

Abstract

Abstract:This study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts' practice. Originating in the jurisprudence of the EU court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights derived from EU law before a national court. In Hungary, the principle has been invoked in administrative cases (in regulatory law) that are rather difficult to follow (such as taxation [VAT], gambling and betting, regulated industries, and competition). Recently since 2016, this method of statutory interpretation has been invoked in the researching asylum and the related administrative cases delivered under the new Hungarian laws.