<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>This paper aims to elaborate on the dilemmas Hungarian courts face when they appear in the forefront of policy implementation. Firstly, what kind of (legal) sources and documents should the court involve in in its legal interpretation? Secondly, what are the trade-offs between offering effective remedy sanctions and respecting the differences between branches of law and the division of power? For purpose of this analysis, we turn to the example of school segregation lawsuits between 2007 and 2022. In terms of equal and equitable education, the regulatory frameworks in the CEE Countries are harmonized to the EU standards and are strongly based on the anti-discrimination approach. In theory, policy programs and documents could be used as a source of facts, as well as a source of information regarding legislative goals and policy context. In theory, courts should aim to opt for sanctions with the most potential to achieve effective remedy. If this leads to specific policy-type sanctions, within the bounds of the parties’ actions courts should be able to decide so. However, courts tend to refrain from such sources and decisions. In the context of democratic backsliding the possibilities of such activism are somewhat unclear. Issues around the independence of the judiciary, the attitude of the executive branch towards certain social policy issues, and the practice of overwriting by amendment on part of the National Assembly supermajority may discourage courts and judges from policy-sensitive or innovative adjudication of cases with social policy relevance.</p>
</abstract>

This paper aims to elaborate on the dilemmas Hungarian courts face when they appear in the forefront of policy implementation. Firstly, what kind of (legal) sources and documents should the court involve in in its legal interpretation? Secondly, what are the trade-offs between offering effective remedy sanctions and respecting the differences between branches of law and the division of power? For purpose of this analysis, we turn to the example of school segregation lawsuits between 2007 and 2022. In terms of equal and equitable education, the regulatory frameworks in the CEE Countries are harmonized to the EU standards and are strongly based on the anti-discrimination approach. In theory, policy programs and documents could be used as a source of facts, as well as a source of information regarding legislative goals and policy context. In theory, courts should aim to opt for sanctions with the most potential to achieve effective remedy. If this leads to specific policy-type sanctions, within the bounds of the parties’ actions courts should be able to decide so. However, courts tend to refrain from such sources and decisions. In the context of democratic backsliding the possibilities of such activism are somewhat unclear. Issues around the independence of the judiciary, the attitude of the executive branch towards certain social policy issues, and the practice of overwriting by amendment on part of the National Assembly supermajority may discourage courts and judges from policy-sensitive or innovative adjudication of cases with social policy relevance.

When social policy walks into the justice system...

Maria Curie Skłodowska University in Lublin

Central European Journal of Public Policy

This work is licensed under the Creative Commons Attribution 4.0 International License.

{"article-title":"When social policy walks into the justice system..."}

This paper aims to elaborate on the dilemmas Hungarian courts face when they appear in the forefront of policy implementation. Firstly, what kind of (legal)...

When social policy walks into the justice system...

Published Online: Oct 14, 2023

Page range: 1 - 12

Received: Jul 20, 2023

Accepted: Aug 22, 2023

DOI: https://doi.org/10.2478/cejpp-2023-0013

Keywords
policymaking, education, public policy, courts, judgement analysis, Hungary

© 2023 Borbála Dombrovszky et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

When social policy walks into the justice system...

Published Online: Oct 14, 2023

Page range: 1 - 12

Received: Jul 20, 2023

Accepted: Aug 22, 2023

DOI: https://doi.org/10.2478/cejpp-2023-0013

Keywordspolicymaking, education, public policy, courts, judgement analysis, Hungary

© 2023 Borbála Dombrovszky et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
policymaking, education, public policy, courts, judgement analysis, Hungary