Publication details
Illegal uncertainty, property rights and strategic compliance: What does the future hold for the Hungarian usufruct saga after NFK?
| Authors | |
|---|---|
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Common Market Law Review |
| MU Faculty or unit | |
| Citation | |
| web | https://kluwerlawonline.com/journalarticle/Common+Market+Law+Review/62.5/COLA2025091 |
| Keywords | freedom of capital; usufruct rights: legal certainty; EU law; primacy; property; investment |
| Description | This case note analyzes the judgment of the Court of Justice of the European Union in Case C-419/23, CN v Nemzeti Földügyi Központ, situating it within the broader legal and political saga surrounding usufruct rights in Hungary. The authors introduce the concept of "illegal uncertainty" to describe the paradoxical legal situation where both parties acquired property rights through mechanisms later deemed unlawful. The note critically examines the ECJ’s interpretation of “lawfully acquired” under Article 17 of the Charter of Fundamental Rights, highlighting its divergence from ECtHR jurisprudence and its implications for cross-border investment and legal certainty. It also scrutinizes Hungary’s implementing legislation, arguing that it reflects strategic compliance rather than sincere cooperation. The commentary contributes to ongoing debates on EU fundamental rights, property law, and the rule of law in illiberal regimes. |
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