Csaba Erdos

58525865500

Publications - 4

The limits of restrictions on free competition in the state of emergency—the Hungarian fuel and food retail price maximisation in the light of the Hungarian constitutional court’s, the Strasbourg court’s and the Luxembourg court’s jurisprudence

Csaba Erdos László Knapp Viktória Verebélyi

Publication Name: Frontiers in Political Science

Publication Date: 2025-01-01

Volume: 7

Issue: Unknown

Page Range: Unknown

Description:

Since March 2020, Hungary has almost continuously been under a type of special legal order, the state of emergency, which was first introduced to better protect against the COVID-19 epidemic and then in May 2022—following the amendment of the Fundamental Law—due to the Russian-Ukrainian war. Both the crises caused by the epidemic and the armed conflict in the neighbouring country were de facto limited not only to the health and migration-humanitarian fields, but the Government made use of the exceptional legislative powers of the special legal order in almost all areas of life. Economic regulation was no exception: in 2021, the Government capped the retail price of fuel, and from February 2022 onwards, the retail price of several basic foodstuffs (including flour, sugar, milk, chicken breast and other meats, and later eggs and potatoes). The aim of this paper is to show the limits of one of the most powerful state interventions in the economy: the price maximisation. This can basically be determined on the basis of the relevant case law of three fora of legal protection—the Hungarian Constitutional Court, the European Court of Human Rights in Strasbourg and the Court of Justice of the European Union. A comparison of the case law of the above-mentioned three courts also shows which legal protection mechanism is most effective against legislation restricting the free competition—at least in a period of special legal order.

Open Access: Yes

DOI: 10.3389/fpos.2025.1542096

Editorial: The politics of crises—The crisis of politics in Central and Eastern Europe

Fanni Tanács-Mandák Csaba Erdos

Publication Name: Frontiers in Political Science

Publication Date: 2025-01-01

Volume: 7

Issue: Unknown

Page Range: Unknown

Description:

No description provided

Open Access: Yes

DOI: 10.3389/fpos.2025.1643433

The Hungarian Constitutional Court’s practice on restrictions of fundamental rights during the special legal order (2020–2023)

Fanni Tanács-Mandák Csaba Erdos

Publication Name: European Politics and Society

Publication Date: 2024-01-01

Volume: 25

Issue: 3

Page Range: 556-573

Description:

The paper deals with the practice of the Hungarian Constitutional Court regarding the restrictions of fundamental rights during the state of danger between 2020 and 2023. The state of danger–which is a type of special legal order in Hungary–was first introduced in March 2020 due to Covid-19. The rules of the Fundamental Law related to the special legal order reserve the Government the opportunity of broader restrictions on certain fundamental rights than in a normal legal order. It was the first period when the Constitutional Court could have established its practice and defined its own role in a special legal order, since the democratic transition in Hungary. The need for the interpretation of the constitutional rules on special legal order never applied before has posed a significant challenge to the Constitutional Court. The paper first examines the development of the constitutional rules on special legal order situations since the democratic transition, then reviews the most important parts of the Constitutional Court’s practice on the cases related to the restrictions of fundamental rights in special legal order with a focus on the elements of the test used for checking the constitutionality of the challenged items of legislation.

Open Access: Yes

DOI: 10.1080/23745118.2023.2244391

Use of foreign law in the practice of the Hungarian Constitutional Court - With special regard to the period between 2012 and 2016

Fanni Tanács-Mandák Csaba Erdos

Publication Name: Judicial Cosmopolitanism the Use of Foreign Law in Contemporary Constitutional Systems

Publication Date: 2019-09-24

Volume: Unknown

Issue: Unknown

Page Range: 618-649

Description:

No description provided

Open Access: Yes

DOI: 10.1163/9789004297593_025