, ‘ 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
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”.
The author deals with an important question of the Hungarian constitutional law, which plays a relevant role during the accession process of a state of the European Union (EU). It means that the question of legal haromization always arises, when a state is going to join the EU. The author focuses on the question, whether the international law-namely the law of the EU-or the national law should be privileged in given cases. The author introduces the possible conflicts between international law and domestic law with the help of several examples. He refers to the numerous solutions of member-states of the EU and also mentions the situation of some would-be member-states, too. The author highlights the point of view that the Community law precedes the constitutions of the member-states. As a result of this the Hungarian constitution has to be modified in order to meet the requirements of the legal harmonization process, which will emerge with the access of Hungary to the EU.