Hogan Lovells

Hungarian Court rules that UPCA cannot be ratified

2 July 2018

29 June 2018, the Hungarian Constitutional Court published its decision relating to the ratification of the UPC Agreement ("UPCA").

The decision states that the UPCA, as an international agreement made in the framework of enhanced cooperation, deprives the Hungarian courts from having competence for judicial review on a group of domestic legal disputes of individuals. Therefore, the agreement cannot be ratified based on the current wording of the Constitution.

This decision means that Hungary would need an amendment of the Constitution in order to ratify the UPCA. Whilst this is possible, the question of whether Hungary will decide to proceed with the UPC now lies with the Government.

A link to a statement concerning the Courts decision on EPLAW can be found here : https://bit.ly/2IJ1idd

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