According to UNHCR, around 12 million people still continue to be denied the right to nationality, and the persistence of “legal ghosts” is likely to be the case on the long run. The article aims at drawing a picture on the legal status and protection of stateless persons, granted principally by public international law and partly, indirectly the law of the European Union. It sheds light to the rather sporadic but noteworthy developments in international law after the adoption of the 1954 New York Convention, then examines the added value of the EU legal order, even if the Community legislator only treated the stateless in an indirect manner. It concludes that the EU law is an extra but thin layer on the international legal framework protecting stateless persons; thus the EU should make steps, using the new legal basis in the Treaty of Lisbon, so as to strengthen the status of these “legal ghosts”.
, ‘ Van Gend en Loos, 3 February 1963 – A View from Within ’, in MP Maduro , L Azulai (eds), The Past and Future of EULaw. The Classics of EULaw Revisited on the 50th Anniversary of the Rome Treaty (Hart Publishing 2010 ) 3 – 8
The study analyses the potential effects of the Treaty on the Hungarian Constitution and its application by the Hungarian Constitutional Court, and the more general-and at the European Law’s present stage of the development unavoidable-problem of the theoretical analysis of European Law as a branch of law.The study points out that the Hungarian Constitution’s Accession Clause (Article 2/A) has not solved the problem of the primacy of Community Law, as far as the relationship between EU Law and the Hungarian Constitution is concerned, therefore the Constitutional Court encounters a problem that is increasingly difficult to resolve, when facing issues relating to the incompatibility of Hungarian statutes with EU Law. The study criticises some solutions proposed by the Constitutional Treaty (e.g. the institution of “recommendations”-(the present practice of “guidelines” etc.) which is definitely unconstitutional according to the Hungarian Constitution and its application practice by the Constitutional Court. Finally the study complements the problems thus outlined with the fact that the concept of EU Law and its various parts have not been clarified from a dogmatic perspective-the time has come to systematize this enormous material of law, especially when a Constitutional Treaty makes the attempt to summarize the legal fundaments of the unprecedented effort to develop an economic and political integration in Europe.
social ideas have been for a long time a strong source of inspiration for EU legislators, as well as source of relevant legal arguments for the CJEU’s interpretation of the EUlaw. As the EU daughter is already an adult, it has found its own ways, even if