OTKA szám T/038 414

Relations of national and supranational constitutional systems and alternatives of the improvement of Hungarian constitutional system with regard to EU accession

The research consists of two main themes. The first one concentrates on the supranational structures and especially on the constitutional law of the EU. Although the EU does not have a written constitution as yet, there are many institutional and constitutional principles, rules and processes going on in the EU, which can be labeled as the ’EU constitutional developments’. This part of the research will in particular focus on the following topics: the existence of an EU/EC-Constitution and the outlook for a written EU-Constitution in the (near) future; the function of ’the rule of law’ in European integration process, as defined in the Treaties and the case law of the ECJ; division of powers and the integration: institutional balance, separation of powers between EU and the Member States under the scope of implied powers doctrine, subsidiarity and flexibility; the problems and alternatives of democracy in the Union: international, supranational and infranational approach; European dimensions of the protection of human rights.
The second part of the research focuses on the effects EU membership has or will have on the constitutional structure of the Member States and on the constitutional reforms required by the accessions. The main themes are the nature and significance of the authorising article, changes in the functions of the parliament, responsibility of the government for the integration, the position of the national courts and constitutional courts in the integration, changes in connection of citizenship and the reform of electoral systems.