ABSTRACT
The legal system of the Republic of Hungary accepts the generally recognized principles of international law, and shall harmonize the country’s domestic law with the obligations assumed under international law. Hungary shall accept the generally recognised rules of international law. The transition from the Constitution to the Fundamental Law seems to emphasize the importance of the scrupulous observance of the European Court of Human Rights (ECtHR) jurisprudence. Another step towards a new form of relationship between the ECtHR jurisprudence and the Hungarian constitutional jurisprudence can be illustrated with the case of the prohibition of totalitarian symbols by penal law. The Constitutional Court benefited from the new situation by explaining the necessity to guarantee the protection of fundamental rights in the constitutional jurisprudence at least at the same level as in the European jurisprudence. The Constitutional Court followed the applicant’s arguments for the necessity of the constitutional unity of the Fundamental Law.
