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.

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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. 🙂

 

 

 

 

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

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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.

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.

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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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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.

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.

Report of CoE on Hungary

An excellent report on Hungary was published recently by CoE. The report can be reached here. It focuses on three topics: 1) Media freedom 2) Fight against intollerance and discrimination 3) Human rights of migrants and refugees

The contents reach a wide range of topics, some of the most important problems we face day-by-day. Pls find below the content of the work.

Summary

Introduction ………………………………………………………………………………………………………………………………….. 7
1 Media freedom ………………………………………………………………………………………………………………………. 9
1.1 Hungary’s media legislation and the right to freedom of expression ………………………………………………9
1.1.1 Media content regulation…………………………………………………………………………………………………….9
1.1.2 Imposition of sanctions on the media………………………………………………………………………………….10
1.1.3 Protection of journalists’ sources………………………………………………………………………………………..11
1.1.4 Registration requirements …………………………………………………………………………………………………12
1.1.5 Problems relating to the independence of media regulatory bodies ………………………………………12
1.1.6 Conclusions and recommendations…………………………………………………………………………………….13
1.2 Threats to media pluralism………………………………………………………………………………………………………14
1.2.1 Advertising market……………………………………………………………………………………………………………14
1.2.2 Tax on advertising …………………………………………………………………………………………………………….15
1.2.3 Political party advertising …………………………………………………………………………………………………..15
1.2.4 Conclusions and recommendations…………………………………………………………………………………….16
1.3 The need to decriminalise defamation………………………………………………………………………………………16
1.3.1 Conclusions and recommendations…………………………………………………………………………………….17

2 The fight against intolerance and discrimination ……………………………………………………………………….. 18
2.1 The rise of racism and intolerance in Hungary ……………………………………………………………………………18
2.1.1 Anti-Gypsyism…………………………………………………………………………………………………………………..18
2.1.2 Antisemitism…………………………………………………………………………………………………………………….19
2.1.3 Xenophobia ……………………………………………………………………………………………………………………..19
2.1.4 Extremist organisations……………………………………………………………………………………………………..20
2.1.5 The response of the Hungarian authorities…………………………………………………………………………..21
2.1.6 Conclusions and recommendations…………………………………………………………………………………….23
2.2 The need to fight against Discrimination……………………………………………………………………………………25
2.2.1 General context………………………………………………………………………………………………………………..25
2.2.1.1 Conclusion and recommendations ………………………………………………………………………………….25
2.2.2 Discrimination against Roma………………………………………………………………………………………………25
2.2.2.1 Conclusions and recommendations ……………………………………………………………………………………..27
2.2.3 Discrimination against persons with disabilities ……………………………………………………………………28
2.2.3.1 Conclusions and recommendations ……………………………………………………………………………………..30
2.2.4 Discrimination against LGBTI persons………………………………………………………………………………….32
2.2.4.1 Conclusions and recommendations ……………………………………………………………………………………..33
2.2.5 Discrimination on grounds of socio-economic status …………………………………………………………….33
2.2.5.1 Conclusions and recommendations ……………………………………………………………………………………..353
3 Human rights of immigrants, asylum seekers and refugees …………………………………………………………. 36
3.1 Detention of Asylum seekers……………………………………………………………………………………………………36
3.1.1 Shortcomings of the current detention regime …………………………………………………………………….37
3.1.2 Vulnerable asylum seekers…………………………………………………………………………………………………38
3.1.3 Conclusions and recommendations…………………………………………………………………………………….38
3.2 Integration of refugees and other beneficiaries of international protection…………………………………..40
3.2.1 Integration framework ………………………………………………………………………………………………………40
3.2.2 Family reunification…………………………………………………………………………………………………………..40
3.2.3 Conclusions and recommendations…………………………………………………………………………………….41
3.3 Statelessness …………………………………………………………………………………………………………………………42
3.3.1 Conclusions and recommendations…………………………………………………………………………………….43

Gave a presentation for the “Occupy the University (Hallgatói Hálózat)” students (in Hungarian)

The students continously protest against the present anti-democratic government. I recapped the present situation of Hungary with especial regard to the provisions of the European Union and the possible protection provided by the CoE.

A short Hungarian language summary can be found 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.

Jog és realitás [Law and reality] – Élet és irodalom [Life and literature] May 6, 2012

Please find my latest article Jog és realitás [Law and reality]  in the Hungarian weekly journal Élet és irodalom  [Life and literature] .  I discussed the connection between EU fundamental rights policy and the new Hungarian regime (subscription required to read it)…

http://www.es.hu/kereses/szerzo/Czigler%20Dezs%C5%91%20Tam%C3%A1s

New article on nationalism and the single European market

Pls find my latest article “Protectionism – The Side Effect of Hungarian Nationalism” on Social Europe Journal (Part of Guardian Comment Network)

Hungary’s government has lately found itself in the cross hairs of critics both international and domestic. Its detractors point to two major issues. First is the barrage of potentially anti-democratic and positively useless laws that have been adopted over a single year, including a new constitution, media law, acts affecting the judicial and electoral systems, governance of the national bank and more – three hundred laws so far…  Secondly, due to the economic crisis and the bad and unimaginative economic policies of the present and earlier governments in Budapest, fiscal policy has become subject to harsh criticism… However, besides fears for democracy and worries over economic problems, there is a third issue regarding Hungary which has been overlooked by the media – the conflict between the founding principles of the common European market and nationalistic protectionism: recently, free movement of goods into Hungary, the free establishment of companies and guaranteeing fair competition all seem to have been impaired.

http://www.social-europe.eu/2012/04/protectionism-the-side-effect-of-hungarian-nationalism/