The relation between public and economic powers under the new Hungarian Economic Constitution and within the constraints of EU law

rapporti tra poteri pubblici ed economici secondo la nuova Costituzione Economica ungherese ed entro i vincoli imposti dal diritto dell’Unione europea

Abstract

Abstract: The new Fundamental Law of 2011 has reformed and affected Hungary economic constitution in a way that it may be possible to observe the emergence of an “independent” economic model within the EU. The aim of the present study is to provide a critical understanding on the peculiarity of this economic model in in respect to the EU framework having regard, in particular, to the strong political powers that the new Hungarian constitution leaves to the executive body. In addition, the ‘debt brake’ constitutional rule combined with restrictions on judicial review of legislative acts on fiscal matters for the Constitutional Court may represent a potential threat to the values on which, at least formally, the EU is rooted. Keywords: Economic Constitution; Fundamental Law of Hungary; EU fundamental alues;
economic policy; fiscal rules.