The constitutional and political developments in Hungary in the last few years have stirred a lot of controversies and also raised significant academic attention. This blog has provided not only a wonderful forum for an exchange of different views, but it has also produced original and thought-provoking proposals for tackling the Hungarian problem.
However, the “reverse Solange” idea, the call for the establishment of a special Copenhagen Commission, for a straightforward supremacy of the Charter and other insightful proposals, all appear to be addressing the Hungarian dilemma from within the constitutional register. This is, of course, a legitimate choice, but it is neither exclusive nor neutral.
As the Lindseth-Halberstam exchange in particular demonstrated, the answers sketched for the resolution of the Hungarian dilemma are heavily dependent on the assumed or the desired character of the European Union. Without engaging with the merits of the constitutional account of the European Union and without necessarily taking sides, I would like to use this post to explore – out of intellectual curiosity – the Hungarian dilemma from a pluralist perspective.
The European Union as a pluralist entity is a union (der Bund). It is composed of autonomous national and supranational constitutional sites, which form a non-hierachical common whole, founded on a relational principle of primacy, rather than supremacy. In a pluralist Union boundaries, jurisdictions and competences matter. They do so not merely because of the formal reasons (eg since the Treaty stipulates so), but because they are a guarantee and a sign of respect for autonomous development: for a veritable self-government of the Union’s constituent entities.
Therefore not every constitutional conflict inside a Member State is automatically turned into a supranational EU affair ...Zum vollständigen Artikel