CYIL vol. 10 (2019)

ONDREJ HAMUĽÁK – MÁRTON SULYOK – LILLA NÓRA KISS CYIL 10 ȍ2019Ȏ can only request that the judicial decisions deemed unconstitutional be vacated. According to the referenced provision of the HCCA, however, the petitioner is not entitled to request a referral for a preliminary ruling. ” 103 This was what might have been described by Gárdos-Orosz as the ‘context of non-reference’. Since then, however, the tides have turned, and Gárdos-Orosz was also right in arguing that with the new rules of the HCCA the HCC “has definitely diminished the chance of avoiding situations where considering a referral is unavoidable”. 104 Nonetheless, it is not necessarily only up to the HCC to diminish its ‘restrained and secluded’ position to EU law and switch to ‘resourceful engagement’. ‘Resourceful engagement’ with EU law also would require resourceful and substantive constitutionally anchored EU-law reasoning in the petitions filed to the HCC, which also was the basic argument of Gárdos-Orosz, presented above. 105

103 3165/2014 (V. 23.) AB végzés, Justification [19]. Note: The ECtHR did not find this HCC argument neither arbitrary, nor manifestly unreasonable, and argued that it is not concerned with the review of the competences of the national constitutional court. See. Repcevirág judgment, para. 60. 104 Ibid. 105 Jakab ponders on the above in a different context and argues that “patience for the rights cases to emerge” is a key factor in bringing about change. See Jakab (2017), op. cit. p. 202.

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