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).
Reviewing European Union Accession
Tom Hashimoto and Michael Rhimes
The year 2017 has been an uneasy one for the EU, with so-called Brexit on the horizon and the rise of populist euroskepticism in a number of Member States. This year, with the tenth anniversary of the Romanian and Bulgarian accession to the Union, is a good year to pause and reflect over the life and future of the Union. In this work, we envision the next decade with Europe 2020 strategy and review the fruits of the 2004 accession in Central and Eastern Europe. What has the Union achieved? Which policy areas are likely to change and how? How successful, and by what measure, has the accession of the 10 Member States in 2004 been? Reviewing European Union Accession addresses a wide range of issues, deliberately without any thematic constraints, in order to explore EU enlargement from a variety of perspectives, both scientific and geographical, internal and external. In contrast to the major works in this field, we highlight the interrelated, and often unexpected, nature of the integration process – hence the subtitle, unexpected results, spillover effects and externalities.
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.
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. 🙂
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 here. An 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.
Hope you enjoy(ed) your stay in Budapest and my lecture was not too detailed (especially after the long journey 🙂 ).
Please find the slides here.
Wish you all the best with your studies!
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.
THE LINKS BETWEEN HUMAN RIGHTS AND THE SINGLE EUROPEAN MARKET: DISCRIMINATION AND SYSTEMIC INFRINGEMENT
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.
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.
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.
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.
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.
Attended our regular yearly conference at the university, gave a presentation about discrimination of foreign businesses in Hungary. I focused on EU law/single market rules, corruption and the political background.
Az ELTE TÁTK kulcskérdések 2016 konferenciáján a külföldiek diszkriminációjáról és a belső piac szabályairól beszéltem, röviden kitérve a politikai oldalára illetve a korrupcióra gyakorolt hatásra. Az előadás tulajdonképpen az Állam- és Jogtudományban megjelent egy cikkem alapjául szolgáló kutatásokat (itt elérhető) viszi tovább. Az előadás diái letölthetőek innen.
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.
Found two new important cases on the application of the EU Charter on Fundamental rights.
“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
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 Rubenfeld 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.
You can find a short summary of the program on the website of EESC.
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. ”