Constructive Absence: A Hungarian Maneuver or a New Institution of EU Law?
Constructive Absence: A Hungarian Maneuver or a New Institution of EU Law?

Summary/Abstract: By exiting the room in the moment of voting about opening accession negotiations with Ukraine and Moldova, Hungarian representative had laid the foundations for the new institute in the diplomatic, but also institutional law of the EU, a constructive absence. By this agreed maneuver between EU member states leaders, one state expressed its disagreement with the majority without blocking the decision or even limiting its influence. Although, at the moment it cannot be predicted will this maneuver ever be used again, this paper aims to explore it by comparing it to the institutes of constructive and simple abstention and explained through the principle of sincere cooperation. Furthermore, it will be justified from both international law and EU law perspective. Finally, by highlighting its advantages and shortcomings it will be shown that if its exercise becomes more frequent and necessary its legitimacy will have to be ensured by appropriate implementation in the Treaties.

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