Will visit Warwick Law School as a visiting prof. next week

I am very happy to be able to meet with the colleagues at Warwick University, give some classes about EU law and private international law. I am really excited, feel that this will be a very inspiring journey.

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New article w/ Balazs Horvathy: Europeanization of the Hungarian Legal Order: From Convergence to Cancellation?

Reviewing European Union Accession

Unexpected Results, Spillover Effects, and Externalities

Tom Hashimoto and Michael Rhimes

Book Review – Democratizing Central and Eastern Europe

I wrote a book review about a book on the democratisation efforts of the EU in Eastern Europe (about Luca Tomini’s Democratizing Central and Eastern Europe – Successes and Failures of the European Union. 2015. Routledge).

The book is an interesting attempt to summarize the actions of governments in certain countries of the region. It presents an analysis to the reader about the major changes of governance in some Eastern European countries (like Poland, Bulgaria, Slovakia). This analysis can be very useful for readers who do not know too much about these countries, and want to have a basic sketch.

The review can be accessed here, or by clicking on the image above.

 

My lecture in Italy

As mentioned before, I gave a lecture at the Italian National Research Council about Hungary’s actions regarding refugees and the connection of legislative/political changes to European human rights (esp. EU law and the European Convention on Human Rights) in Rome.  The lecture was given in the framework of a joint research project of the Institute for International Legal Studies and the Hungarian Acadey of Sciences on refugee protection.

 

I am grateful for the colleagues at the Institute for International Legal Studies for their cooperation and their support. The slides of my lecture can be downloaded here. They can be useful for anyone who wants to have a draft about Hungary and the international/European standards regarding asylum seekers.

Will visit the Institute for International Legal Studies in Rome

We (ie. the Hungarian Academy of Sciences and the Institute for International Legal Studies) have a joint research project on refugee protection and EU law/international law standards, I will give a lecture this week on Friday. I am extremely happy to visit Rome, the Institute and the Italian colleagues!

 

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 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. 🙂

 

 

 

 

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?”

The Role of Human Rights in EU-US bilateral Relations

Created a part of a report on the European Union’s external relations. This report aims to analyse the different dimensions and levels of EU-US relations, to survey the instruments the EU uses in this relation and to provide some recommendations for future EU actions. It provides an overview of the main similarities and differences between the EU and the US regarding human rights, and measures the influence of the EU on the state and practice of human rights in the United States. Likewise, it analyses how the United States may affect human rights in the EU and its Member States, notably in light of US policies that are strongly criticised by the EU from a human rights-based perspective. To conduct this analysis, we selected three case-studies: 1) capital punishment 2) data protection and surveillance programmes and 3) the problem of extraordinary rendition.

The report can be accessed here on by clicking on the image above.

New article – TTIP and Its Public Criticism: Anti-Globalist Populism Versus Valid Dangers



The provisions of the proposed Transatlantic Trade and Investment Partnership (TTIP), the major trade agreement between the EU and the US received serious criticism from the public, some NGOs and even some scholars. Disputes surrounding many of its special provisions got highly emotional, with extreme commentaries in the media. There is a high chance the conclusion of the deal will be blocked because of public opposition. This article tries to analyse four of the most important questions, namely the transparency of negotiations, the issue of investor-state dispute settlement, and the agreement’s effects on environment-sustainable development and regulatory issues/consumer standards. Based on the analysis, it concludes that even though TTIP may contain some serious pitfalls, there is a high chance it would not lead to the devastating results as is regularly portrayed, and most of the problematic points could be settled relatively easily.

You can access the article here or by clicking of the image above. 

Published a new article on populsim, human rights and the single European market in Hungary

clr

 

THE LINKS BETWEEN HUMAN RIGHTS AND THE SINGLE EUROPEAN MARKET: DISCRIMINATION AND SYSTEMIC INFRINGEMENT

ABSTRACT

The aim of this article is to prove that the legal system of an EU member state in which weakening of democratic rights and distortion of the constitutional system of checks and balances takes place also hurts the frameworks of the single market. The best example for this situation can be seen in Hungary nowadays. The connection between constitutional principles and single market regulations is not as obvious as it seems. Many would claim that multinational companies do not need basic rights to perform well. However, this is not true. Anti-democratic developments create a framework that not only results in institutional, legal and sociological changes, but also hurts free competition leading to a loss in profit. There is a great chance that a country rife with breaches of fundamental rights will, as a spill-over effect, also face a large number of single market regulation breaches. 

 

The article can be accessed by clicking here or on the image above.

What Happens After Brexit? Some Thoughts

How should life be after Brexit? Even though the academic and intellectual communities, just like the public, got highly emotional after the Brexit referendum, we assume that it can serve as the start of something new and functioning both for the UK and the EU. Here are some pointers for the future already visible.

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Wrote an article about Brexit for Social Europe Journal together with Anna Unger. The article can be accessed here or by clicking on the image above.

 

 

 

Gave two special lectures for our students

In the first lecture I talked about Hungary’s  illiberal turn and especially about the transformation of the domestic free market into a less competitive, centrally governed market in which state capture and oligarchs dominate. I used examples from Hungarian history to show such actions have historical tradition in the country, and I explained why there is a conflict between EU law and government policies. You find the slides of the lecture here.

hangya

Second, we watched the movie Sin nombre, and after watching it I gave a small presentation (in Hungarian) about US and Central American gangs, and especially about Mara Salvatrucha. Since following gang/maffia related conflicts in the US is one of my hobbies, I enjoyed talking about them a lot, even though this is not srrictly related to my scientific work . You can download the slides here.

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Right-wing populism, far right, fascism

Published an article in OpenDemocracy on the connection between new populists like Trump, Putin, Orban, Erdogan and fascism. Tried to overview the most important theories on fascism for non-experts. My statement is that most of these politicians are dangerous to democracy and most of them represent an anti-enlightment attitude. In the future, I intend to mix this area with my original, EU related researches, and especially singe market rules. I would like to do some researches on economic policies in the twenties and thirties, because I have a sense of feeling present anti-market politics have deep roots in our societies, especially in Eastern Europe.

You can reach the article by clicking here or on the picture below.

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New articles published

ájt
Published a new article on constitutional rights and the free market in Hungary (in Hungarian, available here) in Állam- és Jogtudomány.

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Also published another article in Acta Juridica Hungarica (Hungarian Journal of Legal Studies, available here). This article summarizes the background of child abduction cases related to Hungary, giving a comprehensive analysis of such cases between the period of 2000 and 2014. In the first section, the reader finds a statistical analysis and the second part deals with the legal and practical background. The final conclusions give some recommendations for the European and domestic legislators. The essay was created as part of a report published by the European Parliament, collected by the Swiss Institute of Comparative Law on the actual situation of child abduction in Europe.

Online course – the EU and human rights

The website of the course can be reached here:

About this course

Whether you are an EU citizen or not, this course concerns you! The EU is a major global actor in the field of human rights. EU treaties state that human rights are a fundamental value of the Union, which must be a ‘silver thread’ in all its policies. The EU now acts within an impressive array of competences, and therefore has the potential to impact – positively or negatively – anyone’s human rights.

This EU and Human Rights course teaches the basics of human rights, placing the EU at the centre of investigation. The course will examine a number of key questions:

  • What factors are key to making the EU a positive or a negative force for human rights? An example is the economic crisis: what impact has it had on people’s human rights in the EU and the world?
  • Which actors, friends or foes, must the EU engage with to successfully promote human rights? Examples include NGOs, businesses, or other international organisations like the Council of Europe or the United Nations.
  • In key policy sectors in which the EU is active, what is on balance the impact of the EU? Examples include trade, development, migration social policy or international crisis management.

All of the course activities aim to improve your understanding of how the EU, alone or in combination with other local or global, state or non-state actors, can better promote and uphold human rights worldwide.

The course is intended for anyone interested in human rights and the EU, human rights law, European law, European Studies, international relations, global governance, etc.

It is divided into four modules:

1: The EU and Human Rights: Value Promotion and Coherence

2: Promoting Human Rights inside the EU

3: Promoting Human Rights in EU External Action

4: Capitalising on Success and Remedying Flaws

This MOOC is based on the FRAME project (www.fp7-frame.eu), which has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration. (Grant Agreement No. 320000)

See more about The EU and Human Rights

What you’ll learn

  • How the EU works
  • What the EU does
  • How the EU affects human rights
  • Where the EU can do better to be a positive force for human rights

View Course Syllabus

Meet the instructors

  • bio for Joana Abrisketa Uriarte

    Joana Abrisketa Uriarte

  • bio for Wolfgang Benedek

    Wolfgang Benedek

  • bio for Florence Benoît-Rohmer

    Florence Benoît-Rohmer

  • bio for Zdzislaw Kedzia

    Zdzislaw Kedzia

  • bio for Jeffrey Kenner

    Jeffrey Kenner

  • bio for Eva Maria Lassen

    Eva Maria Lassen

  • bio for Tamara Lewis

    Tamara Lewis

  • bio for Carmen Márquez Carrasco

    Carmen Márquez Carrasco

  • bio for Monika Mayrhofer

    Monika Mayrhofer

  • bio for Elina Pirjatanniemi

    Elina Pirjatanniemi

  • bio for Karolina Podstawa

    Karolina Podstawa

  • bio for Lorena Sosa

    Lorena Sosa

  • bio for Jan Wouters

    Jan Wouters

  • bio for Tamás Ziegler

    Tamás Ziegler

Free access to the best education, open to anyone

  • Real Classes

    The best classes from the best professors and universities

  • New skills

    Learn through cool tools, videos, quizzes and game-like labs

  • On your schedule

    Take courses when you want and at your own pace

Found a highly interesting paper on a new institution

available on ssrn here

Upholding the Rule of Law in the EU: On the Commission’s ‘Pre-Article 7 Procedure’ as a Timid Step in the Right Direction


Dimitry Kochenov


Woodrow Wilson School, Princeton University; University of Groningen – Faculty of Law

Laurent Pech


Middlesex University – School of Law

April 2015

Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2015/24
Abstract:

This paper provides a detailed analysis of two institutional reforms, respectively put forward by the European Commission in March 2014 and by the Council of the EU in December 2014 – on how to tackle the problem of Member States’ non-compliance with the principle of the rule of law, which is one of the fundamental values of the Union according to Article 2 TEU. It is submitted that while both proposals definitely represent a timid step in the right direction, the Commission’s ‘light-touch’ proposal falls short of what is required to effectively address ongoing and serious threats to the rule of law within the EU but is however clearly preferable to the Council’s alternative proposal to hold an annual rule of law dialogue among all Member States within the Council itself.

Refugees in Hungary – recent events in light of the migration policy of the EU

!!! Unfortunately, I had to skip the conference below – however, for those who have time, it still could be of interest.

The Project for Democratic Union’s Budapest Office is partnering with AEGEE-Budapest in organizing a Conference on the European refugee crisis. The primary focus of the event will be Hungarian migration and refugee policy in light of general European practice.

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For many years the migration of European citizens within the EU has been causing worries due to its effect on the European labour market. Due to the high number of foreign job-seekers, governments of some Member States have raised their voices and called for urgent action and the reform of the EU’s migration policy. At the same time, the question of refugees coming from third countries – mainly war-zones – has been brought to the fore, after several accidents have occurred in the Mediterranean Sea.

Initially, only Mediterranean states were concerned by this situation, but lately other border countries of the EU, such as Bulgaria and Hungary, have become affected by the massive flow of often illegal immigrants and refugees. Although the EU is trying to find a coordinated answer to the problem, some countries managed to receive opt-outs and were able to carry out unilateral responses to this unprecedented situation. However, these practices are not far from being dangerous because in countries where extremism and xenophobia are on the rise, such as Hungary or Poland, they can result in a hostile attitude and hatred towards the people in despair.

Hungary’s fence erected on its Serbian border is only one example of the questionable methods EU Member States are using to solve the refugee crisis. The conference will address the Hungarian migration and refugee policy in light of the general European practice. It will also cover the EU’s current attempts to reform its migration policy and to show paths towards an acceptable solution to the situation.

Speakers:

Péter Balázs – Professor at Central European University, former Member of the European Commission, former Foreign Minister of Hungary

Carlos Puente – Economist, Attorney at Law, Political Scientist, Senior Visting Professor

Dezső Tamás Ziegler – Senior Lecturer at Eötvös Loránd University – Faculty of Social Sciences, Research Fellow at the Hungarian Academy of Sciences – Institute for Legal Studies

Event audience: Open to Public

For any further questions you may contact: Veronika Czina from PDU Budapest veronika.czina@democraticunion.eu or Péter Sczigel from AEGEE-Budapest peter.sczigel@aegee-budapest.hu

Corvinus University
Fővám tér 8 – Budapest

Date/Time
Date(s) – 23/09/2015
7:10 pm – 8:40 pm

Location
Corvinus University
Fővám tér 8
Budapest, Hungary

Report on child abduction

 

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Created a part of a report on cross-border child abduction in the European Union for the European Parliament’s LIBE Committe. The other parts were written by different scholars, a major part was created by lawyers of the Swiss Institute of Comparative Law. The report can be accessed here or by clicking on the image above.

Started to work in the FRAME FP7 project

frame
FRAME is a large-scale, collaborative research project funded under the EU’s Seventh Framework Programme (FP7) coordinated by the Leuven Centre for Global Governance Studies and conducted by 19 research institutes from around the world. Our research focuses on the contribution of the EU’s internal and external policies to the promotion of human rights worldwide.

Our job will be to create a report on US-EU relations in the field of human rights. The website of the project can be reached here.

EU common commercial policy – some important links (for students)

Soon to get published…

I’m expecting several more scientific articles to get published in a couple a months:

  • created a report fot the European Parliament on child abduction in Hungary, with special regard to private international law rules and the application of the 1980 Hague Convention – the report will be published on the website of the Parliament
  • an article on the myths of consumer protecion in the EU in Hungarian Yearbook of International and European Law
  • another article on the change of Hungary’s attitude towards the European Union (will be published in a book on Eastern-European states by Brill in Boston).

Furthermore, right now I am working on a piece on the commercial law relationship between the Hungarian illiberal state and the free European market.

 

New article – When The European Moral Vacuum Meets The Hungarian Autocratic Regime

Hungary is obviously moving towards autocracy. But we have to ask ourselves two questions. Would it be useful for the EU to introduce measures against a country with democratic problems? Secondly, is Europe in the moral, political and economic state to be able to act? Both questions require thorough deliberation. 

The article can be reached here, or by clicking on the images below.

opendemocracy_logo

social europe log

 

A Hungarian language version of the article was created by Budapest Beacon (Mikor az európai morális vákum talűlkozik a magyar önkényuralmi rendszerrel), which can be reached here or by clicking below.

beacon

 

 

 

How to apply the Charter? Åklagaren v Hans Åkerberg Fransson

Judgment of the Court (Grand Chamber) of 26 February 2013 (request for a preliminary ruling from the Haparanda tingsrätt – Sweden) – Åklagaren v Hans Åkerberg Fransson
(Case C-617/10)

(Charter of Fundamental Rights of the European Union – Field of application – Article 51 – Implementation of European Union law – Punishment of conduct prejudicial to own resources of the European Union – Article 50 – Ne bis in idem principle – National system involving two separate sets of proceedings, administrative and criminal, to punish the same wrongful conduct – Compatibility)

 

Request for a preliminary ruling – Haparanda tingsrätt – Interpretation of Article 6 TEU and Article 50 of the Charter of Fundamental Rights of the European Union – National case-law requiring a clear basis in the European Convention on Human Rights or the case-law of the European Court of Human Rights in order to disapply provisions of national law liable to be contrary to the ne bis in idem principle – National legislation under which the same conduct contrary to tax law may be punished both administratively by a tax surcharge and criminally by a term of imprisonment – Compatibility with the ne bis in idem principle of a national system involving two separate sets of proceedings to punish the same wrongful conduct

Operative part of the judgment

1.    The ne bis in idem principle laid down in Article 50 of the Charter of Fundamental Rights of the European Union does not preclude a Member State from imposing successively, for the same acts of non-compliance with declaration obligations in the field of value added tax, a tax penalty and a criminal penalty in so far as the first penalty is not criminal in nature, a matter which is for the national court to determine.

2.    European Union law does not govern the relations between the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, and the legal systems of the Member States, nor does it determine the conclusions to be drawn by a national court in the event of conflict between the rights guaranteed by that convention and a rule of national law.

European Union law precludes a judicial practice which makes the obligation for a national court to disapply any provision contrary to a fundamental right guaranteed by the Charter of Fundamental Rights of the European Union conditional upon that infringement being clear from the text of the Charter or the case-law relating to it, since it withholds from the national court the power to assess fully, with, as the case may be, the cooperation of the Court of Justice of the European Union, whether that provision is compatible with the Charter.

Charter of fundamental rights – recent case law

 Found two new important cases on the application of the EU Charter on Fundamental rights.


1) The CJEU’s Ruling in AMS and the Horizontal Effect of the Charter – taken from Oxford Human rights HUB
ohr

“In its judgment in AMS (15 January 2014), the Grand Chamber of the Court of Justice of the European Union ruled on whether the Charter of Fundamental Rights of the European Union can apply in a dispute between private parties, holding that the Charter is applicable ‘in all situations governed by European Union law’.”

Available here or by clicking on the image above.

2) The Austrian Constitutional Court’s judgement on the Charter

Available here.

There’s Nothing New About the New Racism – Anna Holmes in the Time

Pls find below an article by Anna Holmes originally published in the Time (here), I liked it a lot.

_________________________________________________________________________________________

A new book by ‘Tiger Mom’ Amy Chua claims to explain why some groups fail and others succeed. We’ve heard this all before.
Let’s be clear, there’s nothing “new” about “the new racism,” the term Suketu Mehta uses to characterize the arguments of Amy Chua and Jed Rubetiger-mom-triple-packagenfeld in reviewing their new book, “The Triple Package.” Chua and Rubenfeld’s ahistorical and condescending-sounding treatise, which seems primed to satisfy the appetites of salivating marketing departments and morning show producers, argues that three traits — a superiority complex, insecurity, and impulse control — account for why immigrant groups like Asians and Indians thrive in America. Mehta argues that this constitutes a “new racism,” where some groups are praised in order to denigrate others — who apparently deserve to fail because they lack these traits.
But isn’t this just the same old racism — barely wearing new clothes? Racism has always come in a variety of costumes and cloaks. Put another way: bigotry, intolerance, discrimination and violence can be as covert as they are overt; can owe a debt as much to the seemingly reasonable intellects of academies and legislatures as the Neanderthal ranting of the ugliest segregationists and supremacists.

The umbrella term for these scourges, “racism,” is the physical and psychological genocide of generations of stolen people, yes, but it is also the root of modern-day drug policy and the for-profit, institutionalization of millions of black and brown men. It is the privileging of the needs of luxury real estate developers over a commitment to fair, safe, affordable housing. It is a member of Congress shouting “You lie.” And it is the wink-wink of the modern-day Republican party insisting that “yes, you built that.”

Racism is not, nor has it ever been, “new” — it is what this country was built on. It is as American as apple pie.
To be fair, Suketu Mehta says as much, writing that Chua and Rubenfeld’s “The Triple Package” contains within it ideas and conclusions about American achievement that have long been dressed up in other, perhaps more explicitly distasteful — genetic, religious, economic — disguises.

But even calling this slightly new shade, this culture-based argument for achievement, this soft bigotry of the myth of group Exceptionalism, “new” obscures the realities of injustice in America. It assigns to publicity-hungry individuals and pseudoscientists responsibility for a narrow-mindedness that is, in fact, long-established and structural — as political as it is personal. It suggests that there is an “old” racism we have somehow moved beyond. As the Los Angeles Times’ Ellen D. Wu says of the model minority myth, it “both fascinates and upsets precisely because it offers an unambiguous yet inaccurate blueprint for solving the nation’s most pressing issues.”

So let’s not call it “new.” Let’s acknowledge that even if, as Mehta says, the United States thinks it has moved beyond race, many Americans refuse to believe that “race” was ever an issue to move beyond in the first place. Let’s not only recognize but thoroughly explore this nation’s longstanding, stubborn and self-deluding need to believe that success is based solely — or mostly — on merit, not the more complex, messy stew of opportunity, visibility, class, physical privilege, social capital, psychological stamina, and yes, race, gender, and sexual orientation.

“The Triple Package” is not evidence of a “new racism.” It’s the same old garbage, in a slightly different, Ivy League-endorsed disguise.

Was cited in an interesting article on cyberspace

Enjoyed reading it (even though, in the European Union, the essence of an e-commerce contract is NOT the concept of characteristic performance as it can be found in the Rome Convention, but the solution which can be found in Art 3-4-6 Rome I regulation).

However, it still is a nice piece to read.

WCM
You can download the article here or by clicking on the picture.

Two new articles published – Yearbook of Private International Law & Külgazdaság

Recently, I published two new articles.

The first one, published in the Yearbook of Private International Law summarizes the different conflicting private international law provisions of the EU. It classifies the rules by making several subgroups in order to understand the attributes of different regulations/directives. In fact, it is similar to my former works, but instead of only finding the provisions, it tries to make groups and make some statements based on the findings.

yearbpic

For the table of contents, please click here.

You can find the article on ssrn here.

The second onepublished in the Hungarian journal Külgazdaság, was written in Hungarian together with Katalin Raffai from Pázmány Péter Catholic University (I am really happy to have a common article with her).  This is its abstract:

“Several new laws which deal with the international aspects of family law issues have been adopted in the European Union in the recent years. According to the statements of the European institutions, these rules are important in order to strengthen the background of the free movement of EU citizens. Numerous problems had to be solved, like the question of the law applicable in case of a divorce proceeding or the procedure of maintenance payments. The article summarizes the provisions of the most important legal sources, with special regard to the private international law aspects of such cases. Furthermore, it also deals with the basic differences between the related domestic substantive family law regimes.”

In Hungarian:

“Az Európai Unióban az elmúlt években több olyan jogszabály is elfogadásra került, amely családjogi kérdésekkel foglalkozik. E normák megalkotására a belső piac logikája miatt, az uniós polgárok szabad mozgásának biztosítása végett volt szükség. A szabad mozgás folyományaképpen rendezni kellett számos kérdést, így például, hogy a házasság felbontására milyen jogot alkalmazzanak, vagy a tartásdíjakat milyen keretek között kelljen fizetni. E szabályok nemzetközi magánjogi (más néven: nemzetközi kollíziós) normák, azaz azt határoznák meg, milyen eljárási rendben kell végrehajtani és végrehajtatni a tagállami anyagi jogi családjogi szabályokat, illetve részletesen leírják, mely állam jogát alapul véve kell eljárni. Az írás kimondottan az alkalmazandó jog megállapításával foglalkozik, ám röviden kitér az anyagi jogi háttérszabályokra is.”

You can find the article on my  SSRN profile here.

New paper published in Comparative Law Review

E-Consumer Protection In the Us – The Same Jungle As In Europe

With the use of the Internet, a new form of contract has appeared: the electronic contract, which is concluded online. In most cases, two parties are present: a consumer, who is in a relatively exposed position and a business entity. This article focuses on the protections given to consumers in the US in these cases – i.e. electronic consumer law in the US – at both federal and state level (with special regard to New York state). Principal questions are the following: do consumers in the US receive the same protections as consumers in Europe when purchasing goods online? When we buy goods from the US here in Europe through the Internet and have them shipped over, do we receive the same protections as in Europe? And what options exist for protecting ourselves? What are the rules and remedies that help us? Last, but not least: what can we learn from the US system, if anything? Summarising substantive US provisions that may be relevant for Europe is also beneficial with an eye to putting continuously evolving European directive law into a broader perspective.

The paper can be downloaded here.

New article in Global Jurist: The Quest to Find a Law Applicable to Contracts in the European Union – A Summary of Fragmented Provisions

In the European Union Regulation No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (the so called Rome I regulation) governs which law to apply to contracts containing international elements. With the continuing internalization of business activities, such rules have elementary importance. However, beside the unified rules of the regulation, numerous EU rules exist, which also have relevance. This is because of a provision in Rome I, which states that the regulation shall not prejudice the application or adoption of rules of the institutions of the EU which lay down rules concerning particular areas of contractual law. As an effect, several rules exist which override the provisions of Rome I. Thus, the present system of rules is fragmented, which may cause serious malfunctions in the legal practice. Most of these provisions can be found in consumer law directives, but other fields like employment law may also be of relevance. The article tries to collect these „hidden” provisions and analyse their effect on the Hungarian legal regime.

The article can be found here.

New article on US and EU electronic consumer contracts in Acta Juridica Hungarica – this time from the point of conflict-of-laws

With use of the Internet, a new form of contract has appeared: the electronic contract, which is concluded online. Most of these involve a relationship of two parties: a consumer who is in a relatively vulnerable position, and a business entity. There are numerous examples of such transactions: youngsters downloading music from a website and paying for it – as they would in a music store. Many physical goods can also be purchased online – e.g. even though they live in Europe, the authors of this article regularly purchase books from the US. There are numerous ways such transactions can take place: one of the most obvious ways is buying goods on Amazon or eBay, on the website of a company, or purchasing goods using e-mail communication. The article attempts to summarize the choice of law rules affecting electronic contracts in the US and in Europe – i.e. to give an overview of which country’s or state’s law would apply to a contract concluded online, what the limits are on such a transaction and which state’s laws can protect us in case of a breach.

 The article can be downloaded here or by clicking the image above.