Report on barriers of EU citizens’ free movement is out now.

I participated in the works of a report for the bEUcitizen fp7 project (the website of the project is available here),  which was basically a project focusing on the possible barriers EU citizens have to face when moving to another country. Why I liked this project was that it tried to give answers to the actual problems of free movement within the EU, i.e. it tried to focus on barriers and how EU citizen’s life could be helped. As a result, there are some nice reports published which addressed real life problems, many of which are related to administrative procedures or private international law/private international procedural law isues.

I created the country report about Hungarian law in a longer report. Just like the other parts of the work, this chapter focused on many important and interesting questions like family relations in Hungary,  the right to register a name, rules on obtaining citizenship, problems occuring of double citizenships, domestic rules of family unification and their connection to EU law, status of registered partners, some issues of the public register and acceptance of foreign judgments and public documents. The report is available here (for my part see page 220 et seq) or by clicking on the image below.

The slides of my lectures at the University of Bergen (Faculty of Law)

I am very grateful to the Bergen University community, had a wonderful time at the university, the city was beautiful, the discussion was inspiring and I enjoyed my stay a lot. 

I attach the slides of my lectures below:

  • The slides of the first lecture (given for the Research Group in Competition & Market Law) about the connection between EU single market rules, non-discrimination of foreign companies and the new system of oligarchs (Nationalism vs. the single European market – the case of Hungary) can be accessed here.
  • The slides of the second one, a more general lecture (given for the Project Group on Constitutional law and Democracy) about the changes of rule of law in Hungary and their connection with EU law and the European Convention on Human Rights (Constitutionalism, rule of law and the Hungarian phenomenon)  can be accessed here.

Please find my blog entry about the collection of related publications in these fields here, they can serve of interest to anyone who wants to know more abut Hungary’s position within the EU. I also added some more pictures of the university. 🙂

 

 

 

 

Hungary and the EU – a collection of articles

I wrote quite a lot of articles about the conflict between Hungary and the EU in the last 5-6 years.  I also know some articles written by colleagues which can be interesting for scholars worldwide, so I decided to make a collection of them (please find them below).

 

  • Balázs Horváthy, Tamas Dezso Ziegler: Europeanisation Of The Hungarian Legal Order – From Convergence To Divergence. In: REVIEWING THE 10 YEARS OF CEE ACCESSION: SPILLOVER EFFECTS, UNEXPECTED RESULTS, AND EXTERNALITIES. (Hrsg. William B. Simons & Tom Hashimoto). Brill, Leiden-Boston. (soon to get published)
  • The Links Between Human Rights and the Single European Market – Discrimination and Systemic Infringement. Comparative Law Review, Vol 7, 2016 No 1 1-23. available here.
  • When The European Moral Vacuum Meets The Hungarian Autocratic Regime. SOCIAL EUROPE – Occasional paper, 2014 October, available hereAn extended version of this article (which also includes some references), published on Open Democracy,  can be accessed here.
  • Protectionism – A Side Effect of Hungarian Nationalism. SOCIAL EUROPE, available here.
  • In Defence of Today’s Anti-Fascist Protesters. OPEN DEMOCRACY, available here.
  • An introduction into Hungarian national thinking about history and comparison to the UK national thinking: together w/ Izolda Takacs: Myth of History, Euro-scepticism and Fundamental Rights) written for OPENDEMOCRACY, available here.

I also wrote a series of blog entries for London School of Economics – EUROPP back in 2012, when anti-democratic legislation started to flourish in Hungary:

  • The Anti-Democratic Tendencies Now Prominent In Some Parts Of Eastern Europe May Soon Become An Even Bigger Headache For The EU Than The Eurozone Crisis, available here
  • w/ Izolda Takacs: Hungary is Sleepwalking Into an Authoritarian state. But the European Union Is Limited In the Pressure It Is Able To Exert, available here.
  • w/ Izolda Takacs: With the Ruling Party’s Legislative Tsunami, Hungary May Now Be Sleepwalking Into An Authoritarian State, available here.
  • w/ Izolda Takacs: Hungary is Now a Distorted Democracy, available here.

Some other works of my colleagues can also be of interest for you. Please note these are only a handful of articles which I came across in the last months/years, but they contain some really interesting information:

  • Veronika Czina: Member State Particularism within the EU: an Analysis Based on the Most Recent Developments of the “Hungarian affair” UACES Conference Paper, available here.
  • The website of the `Lendulet Research Group on EU law` also contains a great amount of interesting materials including reports and articles. It can be accessed here.
  • A nice and really detailed report on single market and Hungary (called ‘The Legal and Regulatory Environment for Economic Activity in Hungary: Market Access and Level Playing-field in the Single Market’) can be accessed here.
  • A nice collection of articles on the change of the general constitutional framework in Hungary published in the journal Südost-Europa (Hungary’s Path Towards an Illiberal System Volume 63 no. 2 2015): the content and introduction is  available here.
  • It can be worth to read the chapter of Balazs Majtenyi (pp. 51-74) on the constitutional changes in Hungary (The EU and the Hungarioan National Cooperatrion System) in an FP7 report called `EU Human rights, democracy and rule of law: from concepts to practice`  (available here).
  • Balazs Majtenyi: Legislative Stupidities in the New Hungarian Constitution originally published in Rivista Pace Diritti Umani (Peace, Human Rights) is available here
  • Balazs Majtenyi: A Game of Values: Particular National Identities Awaken in Europe, published on Verfassungsblog, available here.
  • Gabor Halmai: An Illiberal Constitutional System in the Middle of Europe, published in European Yearbook of Human Rights, can be accessed here.
  • Kim Lane Scheppele wrote a huge amount of articles on the constitutional changes in Hungary, see the Princeton’s repository here.
  • Bojan Bugarič: Protecting Democracy and the Rule of Law in the European Union: The Hungarian Challenge. LSE discussion paper, available here. 
  • Boldizsar Nagy: Parallel realities: refugees seeking asylum in Europe and Hungary’s reaction (EU Migration Law Blog),  available here.
  • Boldizsar`s article `Hungarian Asylum Law and Policy in 2015–2016: Securitization Instead of Loyal Cooperation`published in German Law Journal can be accessed here.
  • Gabor Halmai: The Invalid Anti-Migrant Referendum in Hungary, published on verfassungsblog, available here.
  • Cass Mudde and Erin K. Jenne: Hungary’s Illiberal Turn: Can Outsiders Help? available here.

How primitive again – judicial demagoguery at its best

This is the case (did not see such “questions” before) in which a preliminary procedure becomes an insult. It also shows how the judicial branch in Hungary accepts the xenophobic, homophobic, racist, paranoid narrative of the Hungarian government regarding the refugee crisis. Privacy and human dignity is not important  any more. What kind of physical examination do they talk about? Sad and very primitive.

” CJEU: C-473/16 F – Request for a preliminary ruling from the Administrative and Labour Court Szeged (Hungary), 29 August 2016

Date:
Friday, October 21, 2016
The Administrative and Labour Court Szeged (Hungary) has referred a request for preliminary ruling to the Court of Justice of the European Union (CJEU) on the interpretation to be given to Article 4 of the Qualification Directive. The case relates to a Nigerian national, who had submitted an application for international protection based on sexual orientation in Hungary.

The Administrative and Labour Court Szeged has referred two question to the CJEU:

Should Article 4 of the Qualification Directive be interpreted in light of Article 1 of the Charter of Fundamental Rights of the European Union, as not precluding that, when LGBTI’s apply for international protection, advice by a psychologist, based on projective personality tests, is taken into account when assessing the application for asylum, even if the opinion was drawn up without any questions asked by the applicant about his sexual habits and without being subjected to a physical examination?

If the expert opinion referred to in the first question cannot be used as evidence, should Article 4 of the Qualification Directive be interpreted that, in the light of Article 1 of the Charter of Fundamental Rights of the European Union, when the applicant puts forward, in support of his application, that he is being persecuted because of his sexual orientation, neither the administrative authorities nor the courts have the ability to investigate the credibility of the asylum seeker on the basis of an expert’s report, regardless of the specific characteristics of the methods used in this report?”