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

Advertisements

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.

 

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!

 

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 Hunar 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.

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.

20689706349_94ebb52bde_o

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

Balázs Majtényi on the FRAME blog: Particularism Strikes Back: National Identity versus Human Rights in the Hungarian Fundamental Law

Hungarian parliament_Flickr_artorusrex_small

“Since 2010, the Hungarian government has increasingly committed itself to the majoritarian conception of democracy, meaning that nobody and nothing, not even independent international or state and civil institutions, can stand in the way of the will of the majority serving national interests. In this article I will analyse the constitutional background of the political turn in Hungary.”

You find the original blog post here

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.

New Article on LSE EUROPP – 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

Twelve countries have joined the EU since 2004, with Croatia’s accession expected in 2013. Tamas Dezso Czigler argues that while the Eurozone’s economic problems are currently dominating attention, the EU is also facing a growing crisis in the new accession countries, with a number of Eastern European states exhibiting anti-democratic tendencies. The article warns that problems in Eastern Europe also threaten to derail wider reform processes within the EU.

The article can be found here.

Second part of the series on London School of Economics – European Politics and Policy (EUROPP) blog

Pls find the second article of the series on London School of Economics – European Politics and Policy (EUROPP) blog  about the recent changes in Hungary.

Hungary is a member of the European Union, but the country is sleepwalking into an authoritarian state, argue Tamas Dezo Czigler and Izolda Takacs. In their second of three articles for EUROPP, they argue that the new governing coalition has overhauled the country’s electoral and judicial system, violated the independence of the Hungarian central bank and invaded citizens’ private lives.

http://blogs.lse.ac.uk/europpblog/2012/05/17/hungary-authoritarian-2/#more-2947

Article on London School of Economics – European Politics and Policy (EUROPP) blog

Pls find my latest article on London School of Economics – European Politics and Policy (EUROPP) blog  about the recent changes in Hungary.

“Has Hungary become an authoritarian state? In their first of three articles on the Hungarian government, Tamas Dezso Czigler and Izolda Takacs argue that the country has become a distorted democracy on the brink of autocracy. Worryingly, the vast majority of Hungarians do not seem to be alarmed by these.” 

http://blogs.lse.ac.uk/europpblog/2012/05/15/hungary-distorted-democracy/