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Jun252012

Hungary

For the information on subsidiarity and proportionality checks in the Hungarian Országgyűlés (the National Assembly) click here.

The legal background for the implementation of the examination of subsidiarity is laid down in the Act XXXVI of 2012 on the National Assembly and in the Standing Orders of the National Assembly.

Concerning the ex-ante control of subsidiarity, the Committee on European Affairs plays a major role, as it is the Committee that selects and examines the relevant European Union drafts. In case the Committee does not consider that a given draft legislative act infringes the subsidiarity principle, the procedure comes to an end.

By virtue of Paragraph (2) of Article 134/D of the Standing Orders, the plenary is involved in the subsidiarity check only if the Committee submits a report on the adoption of a reasoned opinion within the eight-week period foreseen by Protocol 2. The plenary decides within 15 days and the adopted reasoned opinion shall be sent by the Speaker to the President of European Commission, the President of the European Parliament and the President of the European Council, as well as to the Government of Hungary.

Concerning the ex post application of the subsidiarity principle, as laid down in Article 8 of Protocol 2, and in accordance with Article 263 of the Treaty on the Functioning of the European Union, and by virtue of Paragraph (3) of Article 71 of the Act on the National Assembly, the Committee on European Affairs is entitled to initiate action before the Court of Justice of the European Union on grounds of infringement of the principle of subsidiarity by an adopted EU legislative act. If the Government considers the initiation of the Committee founded, the action shall be brought by the Government.

 

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