This paper examines the perception and position of EU law in the jurisprudence of
the Hungarian Constitutional Court within the constitutional arrangements brought
to life after 2012. In this context, the inquiry addresses the changes regarding the
status of EU law in constitutional case-law amounting to what is identified here as
the method of ‘resourceful engagement’. Under this approach, the paper also examines
the extent and frequency of the use of human rights reasoning based on the Charter
of Fundamental Rights of the European Union in the proceedings of the Constitutional
Court (2015-2019), focusing mostly on constitutional complaints procedures. The paper
briefly mentions the controversial nature of the ‘Implementation Dilemma’ regarding
the Charter and its application in Member States’ constitutional court proceedings.
As a corollary, in light of domestic procedures examined in the Repcevirág Szövetkezet
v. Hungary judgment (April 2019) of the ECtHR, it examines whether the Constitutional
Court could eventually start acting as a court of referral under Article 267 TFEU
in such proceedings where the protection of fundamental rights under the Charter would
require the interpretation of EU law. This would mark a shift from the earlier ‘context
of non-reference’ to an approach of ‘resourceful engagement’ suggested by this paper.