Learning from Common Law? The Binding Nature of the Hungarian Curia’s Judgments

Abstract

This paper critically examines the Hungarian legal system’s recent turn toward a limited precedent model, introduced by the 2019 Precedents Act. Originally presented at a conference celebrating Professor Vékás’s 85th birthday, the study situates this development within the broader debate over the role of courts in shaping civil law and evaluates whether the new framework enhances legal certainty or instead obfuscates the applicable law. Through a detailed comparison with the English common law precedent system, the paper identifies structural weaknesses in Hungary’s quasi-precedent regime, including the lack of clarity around binding elements, challenges in accessing and navigating a vast body of precedents, and the rigidity imposed on the Curia’s jurisprudential development. The analysis raises fundamental questions about the viability and legitimacy of the Hungarian precedent system and calls for greater transparency, judicial infrastructure and professional engagement to ensure the rule of law. The paper concludes by reaffirming the importance of comparative legal dialogue, as advocated by Professor Vékás