Nóra Chronowski

Human Rights in a Multilevel Constitutional Area. Global, European and Hungarian

Challenges. L’Harmattan, Paris 2018. 

No constitutional question is worthwhile to discuss in splendid isolation, solely through the

prism of the national legal system – global and European constitutionalism is still the most

useful frame of argumentation in this regard. Our understanding of backsliding and perils

challenging liberal constitutionalism should move ahead. For that purpose, the multilevel

approach of the book provides thorough analysis on certain current global, European and

Hungarian issues in the field of human rights protection. Business and human rights at the

global stage, common fundamental rights standards and their enforcement in the European

legal space, and the rule by law constitutionalism of Hungary.

“Despite the backsliding on all three levels – global, European, national – of fundamental

rights protection discussed in the book, the author imparts her confidence in global and

European constitutionalism. Discussing the case of Hungary, she does not compromise with

the siren sounds of ‘populist’ constitutionalism.”

Gábor Halmai

Professor and Chair of Comparative Constitutional Law

European University Institute, Department of Law, Florence, Italy

CONTENTS

GLOBAL CHALLENGES – BUSINESS AND HUMAN RIGHTS

Introduction – global constitutionalism

1 Concept of Business and Human Rights

2 Top down approach

2.1 Assessment of UN instruments for responsible business

2.2 Actions of the EU for enhanced corporate social responsibility

3 Bottom up approach – constitutional impediments

3.1 Third party effect (Drittwirkung)

3.2 Application of international law by national courts

3.3 The problem of extraterritoriality

4 Conclusions

EUROPEAN CHALLENGES OF HUMAN RIGHTS PROTECTION

Introduction – human rights protection and the European Union

1 Integration of European human rights standard – the accession of EU to the ECHR

1.1 Antecedents of accession

1.2 The legal basis of the accession

1.3 Draft Accession Agreement and the CJEU

1.4 Conclusion

2 Fully binding EU bill of rights for the member states – a potential tool in constitutional

crisis management

2.1 Limited effects and scope of the Charter

2.2 ‘Within the scope of’ practice

2.3 Should the Charter bind the member states fully?

CONSTITUTIONAL CHALLENGES IN HUNGARY

Introduction – 2010/11 constitution making in Hungary

1 To what extent does the Hungarian Fundamental Law defy EU values after its

amendments?

1.1 EU normative constraints and national constitution-making

1.2 Compatibility of the new Hungarian Constitution with the Charter of Fundamental

Rights

1.3 Rule of law, democracy, international and EU obligations

1.4 Conclusion

2 The Constitutional Court and the network of multilevel European constitutionalism

2.1 The Fundamental Law and the requirements of European constitutionalism

2.2 Judicial independence, fair trial, rule of law

2.3 Democracy – right to vote and political participation

2.4 Conclusions

3 Solidarity in and beyond the constitution

3.1 The topicality of solidarity and its relevance to constitutional law

3.2 The notion of solidarity

3.3 Solidarity as a legal value

3.4 Solidarity in the constitution

4 A nation torn apart by its constitution? From the perspective of minorities

4.1 Conceptualisation of the Hungarian people and nation in the Fundamental Law

4.2 Parliamentary representation of minorities (nationalities) in Hungary

4.3 Human dignity, equality and solidarity – lost in transition

EPILOGUE