Relevant bibliographies by topics / Constitutional law – Hungary

Academic literature on the topic 'Constitutional law – Hungary'

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Published: 10 March 2023

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Journal articles on the topic "Constitutional law – Hungary"

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Drinóczi, Tímea. "Hungarian Constitutional Court: The Limits of EU Law in the Hungarian Legal System." ICL Journal 11, no. 1 (May 1, 2017): 139–51. http://dx.doi.org/10.1515/icl-2017-0010.

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Abstract The Constitutional Court declared in its ruling 22/2016 (XII 5) that by exercising its competences, it can examine whether the joint exercise of competences under Article E) (2) of the Fundamental Law of Hungary infringes human dignity, other fundamental rights, the sovereignty of Hungary, or Hungary’s self-identity based on its historical constitution.
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Oros, Paulina. "Hungary – Constitutional Renaissance in Hungary." European Public Law 3, Issue 1 (March 1, 1997): 9–16. http://dx.doi.org/10.54648/euro1997002.

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Mohay, Ágoston, and Norbert Tóth. "Decision 22/2016. (XII. 5.) AB on the Interpretation of Article E)(2) of the Fundamental Law." American Journal of International Law 111, no. 2 (April 2017): 468–75. http://dx.doi.org/10.1017/ajil.2017.32.

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In a case of first impression, the Constitutional Court of Hungary (CCH or Court) ruled on November 30, 2016 that, in exceptional cases, it is competent to consider whether Hungary's obligations to the European Union (EU) violate fundamental individual rights (including human dignity) or Hungarian sovereignty as protected by the Hungarian Constitution. The decision places Hungary squarely within the growing group of EU member states whose constitutional courts have decided that, despite the decisions of the European Court of Justice regarding the primacy of EU law, EU member states are not compelled to violate their domestic constitutional obligations in carrying out their shared EU commitments.
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Jakab, András, and Pál Sonnevend. "Continuity with Deficiencies: The New Basic Law of Hungary." European Constitutional Law Review 9, no. 1 (February 2013): 102–38. http://dx.doi.org/10.1017/s1574019612001058.

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Hungarian constitutional law – New Basic Law – Continuity with the previous democratic Constitution – Vision of the political community embedded in the new Basic Law – The level of protection of fundamental rights – Continuity and lack of foreseeability in the organisation of the state – European legal procedures against or about Hungary – The life prospects of the new Basic Law – Danger of constitutional crisis whenever the government does not hold a constitution-amending majority
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Spuller, Gábor. "Transformation of the Hungarian Constitutional Court: Tradition, Revolution, and (European) Prospects." German Law Journal 15, no. 4 (July 1, 2014): 637–92. http://dx.doi.org/10.1017/s2071832200019076.

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The new Constitution and the new Act are changing the status of the Hungarian Constitutional Court by developing the Hungarian constitutional tradition, creating better collaboration between the Constitutional Court and the ordinary judiciary, and establishing an effective instrument for the protection of individual human rights. But the pattern of the Parliament reacting to the rulings of the Constitutional Court with constitutional amendments reduces the competences of the Constitutional Court. It is to be hoped that this process is coming to an end, because otherwise the achievement of the “paradoxical revolution of law” is endangered.Due to the former extensive competences in terms of law review and its limited influence on ordinary jurisdiction, the status of the Constitutional Court caused problems. Because of the abstract nature of the procedures, the distance from the ordinary judiciary, and the power dilemma between the Constitutional Court and the Parliament respectively, the Government decided the main stream of its ruling up to 2012.Now there are some important changes, especially the introduction of a widespread constitutional complaint. The abolition of the actio popularis is justified. The relationships between the state organs seem to be better clarified and adjusted. The European clause of the 1949/1989 Constitution, which was largely retained in the Fundamental Law, contains a fundamental concept, which is that the European Union is founded on strong sovereign Member States. On the other hand, the Fundamental Law strengthens Hungary's ties to Europe by making these an integral part of that law. As the Constitutional Court had not yet really applied the European Clause, it now has the opportunity to put these two concepts into practice and make them mutually compatible by enforcing them at a high level.The discussions concerning the newest constitutional developments in Hungary mainly have their origin in the power struggle between the constituent majority of the Parliament and the Constitutional Court. It is not clear, however, how long this conflict will continue to be a matter falling solely within the national sovereignty of Hungary. Due to the parliamentary super-majority of the governing parties, the Constitutional Court is losing its power. Hungary is a unitary state; it is an open question whether there is any substitution needed to balance the power of the governing parties. Nevertheless, in spite of the substantial restrictions on reviewing the constitutionality of financial laws and the several amendments of the new Constitution, the Constitutional Court still plays a role in safeguarding democratic checks and balances. Indeed, it can have a positive impact on the European integration of Hungary. It has been granted new competences to guarantee constitutional unity within the Hungarian legal system and to complete the enforcement of individual rights. The Constitutional Court should make better use of its new granted competence to remedy any possible grievance entirely.
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Gárdos-Orosz, Fruzsina. "The reference to constitutional traditions in populist constitutionalism – The case of Hungary." Hungarian Journal of Legal Studies 61, no. 1 (July 5, 2021): 23–51. http://dx.doi.org/10.1556/2052.2021.00298.

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AbstractThe paper aims to highlight the nature and the relevance of the reference to constitutional traditions in the building of populist constitutionalism, with special regard to the Hungarian case. In Hungary the goals and effects of this reference – especially the references to the achievements of the historical constitution – must be discussed at the level of the constitutional text and with regard to the formation of the new constitutional jurisprudence and, furthermore, to the creation of the constitutional identity. Outstanding political theories have been built about the elements of national populism and all include a political emphasis on a nation's pride in its culture, history and traditions. This paper examines the normative legal consequences of this in a state where the populist political forces have consecutively gained a majority in the Parliament which enables them to adopt and amend a constitution and decide on the personal make up of the constitutional court. It examines the role of the reference to constitutional traditions in the transformation of the constitutional system. The illustrative case studies from Hungary show one element of the alternative to mainstream liberal constitutional democracy: a constitutional perception of the sovereign people with a strong common constitutional heritage, this latter to be respected by all state organs and by domestic, European and international law. The paper offers an understanding of this constitutional concept and assembles disclaimers and serious legal concerns that must be taken into account, at least in Hungary, but probably in many other national populist regimes as well.
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Szabó, Zsolt. "Missed Constitutional Moments and Real Constitutional Conflicts in Hungary 1989 v. 2011." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 477–86. http://dx.doi.org/10.15804/ppk.2022.06.35.

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This paper, examining the Hungarian example argues that that the price is high if a constitutional moment to adopt a constitution based on wide societal compromise has been missed. The constitution-making process might then be completed either by activist courts or by activist political forces. Hungary experienced two major constitutional reforms, both missing a consensual constitutional momentum. The first transformation in 1989–90, which replaced the socialist authoritarian system by democracy, was brought about by political elites, lacking democratic legitimacy, keeping the formal legal framework of the socialist constitution. The second reform in 2011 brought a formally new constitution (Fundamental Law of Hungary), initiated and adopted solely by the governing party (FIDESZ) with a constitutional majority, without consensus. The Constitutional Court both times attempted to play an active, corrective role in the aftermath of the constitution-making.
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Schanda, Balázs. "Hungary’s Christian Culture as Subject of Constitutional Protection." Studia z Prawa Wyznaniowego 23 (December 30, 2020): 55–72. http://dx.doi.org/10.31743/spw.9696.

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Since 2018 the Fundamental Law of Hungary (the Constitution) has provided for the protection of the Christian culture of Hungary as an obligation of all organs of the State. The Fundamental Law does not commit the Hungarian State to Christian religion or to Christian culture in general, but specifically to the cultural tradition of the country. Despite the recognition of the cultural role of Christianity, the Constitution remains neutral with regard to religion and the freedom of religion is recognised. The constitutional provision discussed in this study, i.e. Article R) para. 4, expressly identifies the culture of Hungary as a culture shaped by Christianity. Culture was born from faith, but faith cannot be born from a historic legacy and even less from a constitutional provision. Thus, the aim of the constitutional legislator was undoubtedly to place a stronger emphasis on the identity of the nation.
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Pap, András László. "Constitutional restoration in hybrid regimes: The case of Hungary and beyond." Intersections 8, no. 1 (April 9, 2022): 191–207. http://dx.doi.org/10.17356/ieejsp.v8i1.990.

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The essay provides an overview of a debate that has been taking place primarily on the columns of a blog symposium on the prestigious constitutional law blog Verfassungsblog on constitutional restoration in Hungary. Given that Hungary is the poster child for hybrid, illiberal regimes, the discussion transcends Hungary and gives insightful additions to the illiberalism literature, targeting an audience beyond legal scholars. The starting point of the debate pertains to the classic dilemma of legal positivism vs. natural law, and in particular whether constitutional rules of dubious democratic nature can be replaced in violation of legality, for example in an extra-parliamentary democratic process. ‘Hybrid regimes’, or ‘elective autocracies’ and the phenomenon on of ‘abusive constitutionalism’ provide the framework and specific context of the constitutional restoration debate, as it is placed in regimes institutionalize ‘hegemonic preservation’, ‘authoritarian enclaves’ and ‘bionic appointments’ hijacking the vocabulary and imagination of constitutional democracy and entrenching legal provisions which remain beyond the reach of constitutional politics. The first part provides an assessment of the Hungarian institutional and political scene. The second part first distinguishes between three dimensions of the constitutional restoration-debate: theoretical, political and procedural, and subsequently discusses two focal points of the symposium: the role of constitutions in illiberal regimes and in constitutional resurrection, and the role of international and EU law as a tool for a legal revolution.
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Vincze, Attila. "Shaping Presidential Powers in Hungary: Convention, Tradition and Informal Constitutional Amendments." Review of Central and East European Law 46, no. 3-4 (December 8, 2021): 307–20. http://dx.doi.org/10.1163/15730352-bja10057.

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Abstract There was no tradition of a republican president in Hungary before the fall of communism, and the transitory constitution of 1989 was unclear about the exact role the President should play in the constitutional system of Hungary. Some provisions even resembled those of presidential or semi-presidential systems; some ambiguities were clarified during the first two decades after the transition. Conventions, however, were established to some extent and sometimes very quickly. This period gave rise to guidelines as to how the powers of the President should be exercised. Some other powers were concretized and interpreted foremost by the Constitutional Court. These conventions and judicial interpretations formed the character of the Presidency to the extent of informal constitutional change. Some of these elements have even been incorporated into and formalized by the new Fundamental Law of Hungary. The present contribution will point out how the originally broad competencies of the President have been narrowed in the practice, and what role the Constitutional Court and political actors played in this process.
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Dissertations / Theses on the topic "Constitutional law – Hungary"

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DUPRE, Catherine. "L'importation juridique et la cour constitutionneelle hongroise : L'exemple du droit à la dignité humaine, 1990-1996." Doctoral thesis, 1998. http://hdl.handle.net/1814/4615.

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Defence date: 24 June 1998
Examining Board: M. Antal Ádám ; M. Luis Maria Diez-Picazo ; Mme Constance Grewe ; M. Dominique Rousseau ; M. Philippe C. Schmitter
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Láznička, Alois. "Proměny rakouského a uherského práva v letech první světové války (1914 - 1918)." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-436153.

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Transformation of Austrian and Hungarian law during the First World War (1914 - 1918) Abstract The diploma thesis deals with the analysis of changes in Austrian and Hungarian law during the First World War with a focus on the Cisleithanian part of the monarchy. At the same time, it seeks to answer the question of whether the measures taken were proportionate to the circumstances of the war. Specifically, it examines changes in constitutional, administrative, criminal and civil law. Other branches of law are also mentioned in passing. The method is a comparison of the pre-war state with important legal norms adopted in case of war or in response to war developments. All this is complemented by a contemporary context with an emphasis on the history of the Czech lands. The thesis uses both primary sources, in the form of norms of Austro-Hungarian law, and secondary literature. In general, it can be stated that the changes adopted were pervasive, in all areas examined. However, the intensity and proportionality varied according to the specific legal sector. At the level of constitutional law, there was a de facto change in the form of the state from a constitutional monarchy to a military-administrative dictatorship, and some civil rights were suspended. The change in criminal and administrative law is...
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Books on the topic "Constitutional law – Hungary"

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Dezső, Márta. Constitutional law in Hungary. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.

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Bogdán, Tibor. Toward constitutionalism in Hungary. Hungary]: [s.n.], 1991.

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László, Sólyom. Constitutional judiciary in a new democracy: The Hungarian Constitutional Court. Ann Arbor, Mich: University of Michigan Press, 2000.

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Hungary. The Constitution of the Republic of Hungary. Budapest: Pázmány Péter Catholic University, Faculty of Law and Political Sciences, 2007.

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Hungary. The Constitution of the Republic of Hungary. Budapest: St. Stephen's Society, publishers to the Holy See, 2007.

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Géza, Kilényi, and Lamm Vanda, eds. Democratic changes in Hungary. Budapest: Public Law Research Center of the Hungarian Academy of Sciences, 1990.

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A Magyar Népköztársaság alkotmánya. 3rd ed. [Budapest]: Kossuth, 1986.

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Balogh, Elemér, and László Trócsányi. A magyar alkotmánybíráskodás sarkalatos normái. Szeged: Pólay Elemér Alapítvány, 2009.

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Sólyom, László, and Benedek Molnár. Mérlegen az alaptörvény: Interjúkötet hazánk új alkotmányáról. Budapest: hvgorac Lap- és Könyvkiadó Kft., 2013.

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Alkotmánybíróság, Hungary, ed. Twenty years of the Hungarian Constitutional Court. Budapest: Constitutional Court of the Republic of Hungary, 2009.

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Book chapters on the topic "Constitutional law – Hungary"

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Chronowski, Nóra, Márton Varju, Petra Bárd, and Gábor Sulyok. "Hungary: Constitutional (R)evolution or Regression?" In National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law, 1439–88. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-273-6_31.

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Gárdos-Orosz, Fruzsina. "Constitutional interpretation under the new Fundamental Law of Hungary." In Populist Challenges to Constitutional Interpretation in Europe and Beyond, 143–59. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Comparative constitutional change: Routledge, 2021. http://dx.doi.org/10.4324/9781003148944-11.

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Vincze, Attila. "Talking Past Each Other: On Common Misperceptions in the Rule of Law Debate." In Palgrave Studies in European Union Politics, 209–33. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_9.

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Abstract This chapter deals with shortcomings of the EU policies vis-à-vis Hungary and partially also Poland. Firstly, it depicts the argument that the EU’s diagnosis of illiberal backsliding is too narrow. When assessing the quality of democracy in Hungary and Poland, the Commission and the European Parliament almost exclusively focus on recent constitutional changes, and thereby overlook many other deficits which lead to a distorted picture. Secondly, there is a legitimate debate on the meaning of the basic values of the EU. Article 2 TEU contains many open-textured expressions, which might be understood differently. Thirdly, due to the incomplete diagnosis, the instruments currently being used to combat backsliding tendencies seem ill-suited on the one hand, and, on the other, the EU surprisingly does not seem to make best use of currently available tools. The chapter concludes by highlighting and discussing possible improvements of EU strategies towards backsliding states.
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Bakó, Beáta. "Hungary’s Latest Experiences with Article 2 TEU: The Need for ‘Informed’ EU Sanctions." In Defending Checks and Balances in EU Member States, 35–69. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_3.

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AbstractThis contribution will concentrate on the Hungarian situation by analysing the generalised practice of targeted legislation and the different causes for legal uncertainty on the constitutional level. The European Parliament initiated an Article 7 TEU sanctioning procedure against Hungary in September 2018 and several infringement proceedings have been launched by the Commission. Unfortunately, these EU responses were not able to grasp the gist of the Hungarian developments. Even the so called Sargentini report of the European Parliament—intended to be a comprehensive analysis of the rule of law deficiencies in Hungary—could not identify the most significant patterns of the Hungarian rule of law decline. This reveals a central shortcoming of EU sanctioning mechanisms employed against ‘backsliding’ Member States: the need for ‘informed’ sanctions. Some recent legislative proposals for measuring the rule of law illustrate, that the need for such informed sanctions has been realised by EU institutions. However, the question of ‘how’ is still unanswered. Taking the case of Hungary as an example, I will finally recommend some aspects to be considered in order to grasp the patterns of ‘systemic’ rule of law decline.
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Sólyom, László. "The Constitutional Court of Hungary." In The Max Planck Handbooks in European Public Law, 357–446. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198726418.003.0008.

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This chapter is an overview of the Hungarian Constitutional Court. It first discusses the origins, history, and development of the Constitutional Court. The chapter then turns to the organization of the Hungarian Constitutional Court and the legal context within which it functions. Thereafter, the role of the Constitutional Court within the Hungarian political system is explored. The chapter considers the relationships between the Constitutional Court and the parliament and government as well as the ordinary courts. Next, the chapter examines the ideals and accomplishments of the Constitutional Court concerning its political role and the doctrine of constitutional law. Lastly, the chapter evaluates the Constitutional Court's development at a historical milestone—the transformation of the Hungarian legal order on the basis of constitutional standards.
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Szabó, István. "The Constitutional Development of Hungary After 1918." In Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries, 73–87. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.lcslt.ccice_5.

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Before 1918, Hungary had a “historical constitution”. The structure of the constitutional system was not included in a single constitutional chart, instead it was determined by separate laws passed over the centuries in addition to customary law. However, the military collapse of 1918 started a revolutionary wave in Hungary, which caused a significant break in the development of the organic constitution. The revolution radicalized, followed by foreign military occupation. The National Assembly, convened in January 1920, restored the pre-1918 constitutional order, making the country a kingdom again. However, the constitutional system contained a number of unique features. The king, crowned before 1918, did not return to the throne, but was replaced by a governor. The second chamber of the parliament was also significantly reorganized, but the most controversial point in the whole system was the right to vote. Although it has been significantly widened, it still had shortcomings compared to the expectations of the age. The most striking was the re-introduction of open voting. After 1945, with the introduction of the republican form of government, a democratic experiment took place. However, the Soviet occupation made it impossible to build a democratic state In 1949, a Soviet-style constitution was issued, which meant the establishment of a dictatorship. This state order did not adopt the basic institutions of the rule of law, nor did it provide the minimum requirements of legal certainty for its citizens. In 1989/90, constitutionality was restored, which had already taken on the expectations of the age. However, this was still achieved by amending the 1949 constitution. Although it did not mean a significant change in its content, in 2011 the Parliament passed a new Fundamental Law, which permanently broke with the pre-1989 constitutional order.
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Sonnevend, Pál, András Jakab, and Lóránt Csink. "2. The Constitution as an Instrument of Everyday Party Politics: The Basic Law of Hungary." In Constitutional Crisis in the European Constitutional Area, 46–123. Nomos, 2015. http://dx.doi.org/10.5771/9783845261386-46.

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Sajo, Andras. "Socialist Welfare Schemes and Constitutional Adjudication in Hungary 1." In The Rule of Law in Central Europe, 160–78. Routledge, 2019. http://dx.doi.org/10.4324/9780429431449-9.

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"Linguistic minority rights: a comparative study of Italy, Hungary, Luxembourg and South Africa." In International Constitutional Law in Legal Education, edited by Konrad Lachmayer, Jürgen Busch, Jennifer Kelleher, and Geanina Turvanu, 183–208. Nomos Verlagsgesellschaft mbH & Co. KG, 2014. http://dx.doi.org/10.5771/9783748930662-183.

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Varga, András Zs. "Administrative Procedure and Judicial Review in Hungary." In Judicial Review of Administration in Europe, 59–61. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0009.

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This chapter studies administrative procedure and judicial review in Hungary. Section (1) of Article XXVIII of the Basic Law of Hungary (the Constitution of 2011) regulates the right to a fair trial reproducing the text almost word-for-word as found in Article 6 of the European Convention on Human Rights (ECHR). Consequently, anyone effected by an administrative measure has the (constitutional) right to judicial review. Section (7) guarantees the right to legal remedy against decisions of the courts, the public administration, or other authorities that infringe their rights or demonstrable interests. The two regulations are effective even separately, but their combined effect is that the judicial review of administrative action is an incontestable constitutional right. Administrative courts decide on the legality of the administrative action from the point of view of substantive and procedural administrative law, the judicial review is regulated by Act I of 2017 on the Code on Judicial Review of Administrative Actions, while a lawsuit for damages is heard by the ordinary court in a civil law procedure regulated by Act CXXX of 2016 of the Code of Civil Judicial Procedures.
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Conference papers on the topic "Constitutional law – Hungary"

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Bendegúz, Borisz. "Questions of Judicial Interpretation of Certain Felonies in the Trial of the People’s Commissioners of the Soviet Republic of Hungary." In Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-12.

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Following the fall of the Soviet Republic of Hungary, the criminal prosecution of the political leaders of the former Bolshevik state confronted the courts of the country with a number of problematic questions on the interpretation of both constitutional and criminal law. From a constitutional perspective, establishing the applicable law under which the actions of the defendants would be evaluated was not obvious as the validity of both the Soviet Republic and that of the previous so-called People’s Republic of Hungary were dubious. From a criminal perspective – as at the time being criminal codes lacked specific crimes for the prosecution of political leaders of past dictatorships. Therefore, prosecutors and adjudicating courts tried to evaluate political actions committed using state power as if these would have been committed by private individuals which raised a number of interesting legal problems of interpretation.
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Vučković, Jelena. "VIDOVDANSKI USTAV – SIMBOL (NE)JEDINSTVA PRVE JUGOSLOVENSKE DRŽAVE." In 100 GODINA OD VIDOVDANSKOG USTAVA. Faculty of law, University of Kragujevac, 2021. http://dx.doi.org/10.46793/zbvu21.107v.

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In the paper, the author analyzes one of the basic starting points of the theory of constitutional law, according to which the constitution as the highest formal legal act simultaneously represents a symbol of unity and vitality of a state, a sign of its identity and a factor of social integration. If it succeeds in constituting a legal and socio-political order, the constitution has its future. From the aspect of such a theoretical definition, the Vidovdan Constitution has only partially fulfilled its function. Created three years after the unification into a common state of peoples of the same ethnic, but completely different cultural, religious, economic and historical origin, it has become more a symbol, and less a factual and legal reality. The paper will analyze the socio-political circumstances that led to its enactment and adoption, as well as the reasons that opened the question of its change from the moment it was adopted and entered into force. If we know that the quality of a constitution is crucial for its internal properties, its content, the circumstances under which it was adopted, the manner in which it was adopted, the intentions and goals of the constitution maker, it is clear that the Vidovdan Constitution, apart from becoming a formal legal symbol of unification, could satisfy the opposing aspirations of the Serbian and Croatian, as well as the Slovenian political establishment, the intellectual elite, but also the population itself. The Serbian political course of unification included a unitary system, a monarchical form of government led by the Karadjordjevic dynasty and a state that would have all members of the Serbian people within its borders. The Croatian political elite saw the new state as a transitional solution on the path to independence and the realization of a centuries-old dream of an independent Croatian state, based on the ideology of historical and state law. Slovenians perceives the idea of unification primarily as protection from Germanization, to which it was constantly exposed within Austro-Hungary. Thus, differences in the approach to the idea of unification will become the germ of conflict in the future common state. The Vidovdan Constitution could not resolve the antagonisms and mutually opposing views, but further deepened them. However, its importance is reflected in the fact that it shows that law is powerless in the face of socio-political reality if it does not primarily represent its framework, and that this thesis is current a century earlier, equally relevant today
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Vitez Pandžić, Marijeta, and Jasmin Kovačević. "REGULATORY SYSTEMS OF SELECTED EUROPEAN UNION MEMBER STATES IN COVID-19 PANDEMIC MANAGEMENT AND LESSONS FOR THE FUTURE." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18360.

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Abstract:
The European Union (EU) actively responded to the pandemic and the consequences of the pandemic in different areas of human activity (health, economic, social, etc.) adopting a series of regulations, measures and guidelines in different fields. EU member states acted in accordance with EU regulations and within their own legal system and the management structures. The aim of this paper was to analyze ten selected EU member states and their regulatory responses in the approach to pandemic control in relation to the mortality rate per million inhabitants on January 15, 2021. The following hypothesis was set: The regulatory systems and management structures of selected EU member states in the framework of the management of the COVID-19 pandemic have been successfully set up and implemented and have contributed to the lower mortality rate per million inhabitants until January 15, 2021. Ten EU countries were selected for the study according to their mortality rate per million inhabitants on January 15, 2021. Besides Croatia (average mortality), research included three member states with high (Belgium, Slovenia, Czechia), three with average (Hungary, Austria, Slovakia) and three with low mortality rate per million inhabitants (Ireland, Denmark, Finland). All available data from EU and ten selected countries were collected and analysed: about legal framework for crisis management, regulatory powers, level of decentralization in the health care system and whether the timeline of the pandemic control criteria according to the Institute for Health Metrics and Evaluation (IHME) was adequately set. Data were analysed in Microsoft Office Excel. Given the obtained results, hypothesis can be considered only partially proven. The legal framework used by studied EU countries for adopting pandemic control measures was not consistently associated with morality rate in this research. All studied EU countries used legal framework that existed prior to the COVID-19 pandemic, four of them had states of emergency provided in the Constitution (Czechia, Hungary, Slovakia and Finland), four of them effectively declared statutory regimes (Slovenia, Hungary, Croatia, Slovakia), and Belgium adopted pandemic control measures using special legislative powers. Three studied countries (Austria, Denmark, Finland) had high level of decentralised decision making in health sector and lower COVID-19 mortality rate. In the first pandemic wave (start in March, 2020) all studied countries respected the timeline in adopting pandemic control measures according to the IHME criteria. In the second pandemic wave (start in October, 2020) only four countries (Czechia, Ireland, Denmark, Finland) respected the timeline in adopting pandemic control measures and three (Ireland, Denmark, Finland) were in low mortality group. Within the concluding considerations of the studied countries and in their pandemic management models, Finland and Denmark were recognised as the most successful with lowest COVID-19 mortality rates. Long tradition of Public Health, decentralized health care decision-making, high level of preparedness in crisis management and adequate timeline in implementation of the pandemic control measures led to lower mortality in COVID-19 pandemic. In the future EU could take even more active role within its legal powers and propose scientific based approach in crisis management to help countries implement measures to preserve lives of EU citizens.
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