Handling Jurisdictional Problems in Civil Procedure – Based on Hungarian and EU Legislation

Abstract

In my study, I analyse jurisdiction, a fundamental concept in civil procedural law, primarily in relation to civil procedural law issues concerning jurisdiction. Thus, I shall examine in detail how jurisdiction appears as an absolute impediment to litigation and how the legal institution of intervention prevails. In my work, I also review the relationship between jurisdiction and sets of claims, as well as the transfer of jurisdiction as a new legal institution in Hungarian procedural law to the courts of another state. In my analysis, I consider not only Hungarian but also EU legislation, and I evaluate the jurisprudence of both the Hungarian courts and the Court of Justice of the European Union. As a result of my research, I consider it to be possible to conclude that the Hungarian procedural law system relies to a large extent on the norms of EU law and is in accordance with them (with the exception of the norms of the Brussels IIb Regulation on interference in proceedings and Section 106 (2) of the NMJTV).