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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them

Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them

Chapter:
(p.456) 26 Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them
Source:
The Enforcement of EU Law and Values
Author(s):

Zoltán Szente

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0027

This chapter investigates Hungary’s non-compliance problems and the insights these can provide into the relations between the EU and Hungary. Since 2010 there has been a new period in these relations—the Hungarian constitutional changes have challenged the EU, testing its capacity and ability to protect the Rule of Law in the Member States. This situation stands in contrast to Hungary’s legal harmonization and institutional adaptation to EU requirements prior to 2010. Now, when the challenge from the inside—that is, from a Member State—to the democratic value system of the community is significantly greater than ever, the EU faces an unexpected obstacle. To work out an effective and long-term solution to a situation which has never occurred before, the chapter examines the problem in greater detail—in particular whether it threatens the foundations of EU law as a whole.

Keywords:   Hungary, Rule of Law, constitutional changes, democracy, legal harmonization, institutional adaptation

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