I am really grateful to the colleagues at Warwick University, it was really inspiring to meet them, had a great time at the School of Law. I gave sereval lectures/seminars. One of them was about disintegration within the EU and the occurance of negative (reverse) spillovers in EU law (it was called Negative (reverse) spillovers in EU law – First thoughts on a theoretical framework – the slides are available here). Another lecture was about conflict-of-laws issues, it was called The magic evolution of conflict of laws – Internationalisation, interdependence and the role of tolerance (the slides are available here).
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.
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!
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. 🙂
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
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?”
JUDGMENT OF THE COURT (Grand Chamber)
7 June 2016 (*)
(Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Police custody — National legislation providing for a sentence of imprisonment in the event of illegal entry — Situation of ‘transit’ — Multilateral readmission arrangement)
In Case C‑47/15,
REQUEST for a preliminary ruling under Article 267 TFEU from the Cour de cassation (Court of Cassation, France), made by decision of 28 January 2015, received at the Court on 6 February 2015, in the proceedings
Préfet du Pas-de-Calais,
Procureur général de la cour d’appel de Douai,
1. Article 2(1) and Article 3(2) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals must be interpreted as meaning that a third-country national is staying illegally on the territory of a Member State and therefore falls within the scope of that directive when, without fulfilling the conditions for entry, stay or residence, he passes in transit through that Member State as a passenger on a bus from another Member State forming part of the Schengen area and bound for a third Member State outside that area.
2. Directive 2008/115 must be interpreted as precluding legislation of a Member State which permits a third country national in respect of whom the return procedure established by that directive has not yet been completed to be imprisoned merely on account of illegal entry across an internal border, resulting in an illegal stay.
That interpretation also applies where the national concerned may be taken back by another Member State pursuant to an agreement or arrangement within the meaning of Article 6(3) of the directive.
I happened to find some genious articles on the internet about the reactions on the refugee crisis.
- First, the article of Boldizsar Nagy is a detailed analysis of Hungarian rules: http://eumigrationlawblog.eu/parallel-realities-refugees-seeking-asylum-in-europe-and-hungarys-reaction/
- Second, Steeve Peers reacted really quickly after the nonsensical EU-Turkey deal: http://eulawanalysis.blogspot.hu/2016/03/the-final-euturkey-refugee-deal-legal.html
- Third, another article raises the question: what is the nature of this deal? : http://eulawanalysis.blogspot.hu/2016/04/is-eu-turkey-refugee-and-migration-deal.html
All of them could be interesting for those who want to have a broader view about these problems.
A fenti témáról egyrészt megjelent egy írásom a Magyar Narancsban, másrészt Kovács M. Máriával és Friderikusz Sándorral beszélgettünk az ATV-n. Alább elérhető mindkettő:
I published an article in the weekly newspaper Magyar Narancs on the connection between far right ideology and the present government, and also attended a TV interview with Maria M. Kovacs from Central European University on the same topic (both were held/written in Hungarian).
!!! 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.
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.
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 email@example.com or Péter Sczigel from AEGEE-Budapest firstname.lastname@example.org
Fővám tér 8 – Budapest
Date(s) – 23/09/2015
7:10 pm – 8:40 pm
Fővám tér 8