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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 EU Law. The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty (Hart Publishing 2010 ) 3 – 8
The framework decisions, as the central legal act under the “third pillar” are some of the most significant non-typical documents from a dogmatic point of view within the EU law. The differences and specialities of this legislative act, correlated with the EC Treaty are available not only in the lawmaking process, but in juridical supervision as well. The main goal of this paper is to show the dogmatic and practical aspects of these two perspectives. First of all it is necessary to predict, why the framework decisions are not products of classic public international law (according to the position of the German Federal Constitutional Court), rather than special documents, and do they consequently belong to a supranational system. The missing infringement procedure within the police and judicial cooperation in criminal matters makes the judicial control of the Member State’s effective enlargement extremely difficult. Secondly it is important to demonstrate the alternative methods of the ECJ, which is based on case law from the Court of Luxembourg, in the field of the directives. In this context the study will analyze the consequences of the important “Pupino” Judgment.
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.
‘ Employment and Social Security Rights of Non-EU Labour Migrants under EU Law: An Incomplete Patchwork of Legal Protection ’ ( 2016 ) European Journal of Migration and Law 373 – 408 . Zahra
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 EU law. As the EU daughter is already an adult, it has found its own ways, even if
Has constitutional pluralism ever been tried out? •
On the comparative use of Article 4(2) TEU by some constitutional courts
relationship between international law and domestic law nowadays. They appear even more outdated in the context of the relationship between domestic law and European Union law (EU law). 4 First, as two sides of the same coin, monism and dualism aim at
2017. Ziegler , Katja S. , ‘International law and EU law: between asymmetric constitutionalisation and fragmentation’ in Orakhelashvili , Alexander (ed), Research