Mennyiben szuverén egy EU - tagállam jogalkotása?
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Mennyiben szuverén egy EU - tagállam jogalkotása?
Lajos Vékás, lawyer and member of HAS, analyzes the issue of sovereignty in Hungary in light of its comprehensive private law re-codification process. The author approaches codification as a system of norms regulating relatively homogenous living conditions. Contrary to the nature of private law codification, the means and forms of current legislation of the EU (i.e. the legislative approach of regulations and derivatives) do not compose a coherent system. This approach is 'pointillist' in nature, as it would regulate a particular living condition, regardless of the rules concerning others. Therefore, the legislation of the member states will have difficulties adopting EU law in a way that preserves the coherence of its legal system at the same time. Moreover, Hungary, as a candidate state, has received European law ready-made, without the ability to participate in the law-making procedure. The position of the member states is favorable because they can influence the drafting process of EU legislation.
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