Gondolatok az új amerikai hipertóniaajánlásról

Viktor, Nagy

doi:10.26430/chungarica.2018.48.2.146

Cited by 1 publication

(1 citation statement)

References 3 publications

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“…Hence, the asylum procedures, and consequently, the unlawful detention in the transit zones, do not have a maximum time limit in practice. 115 This is one of the sensitive issues mentioned by the Sargentini report. 116 The Hungarian judges were reluctant to question the legitimacy of the national asylum legislation reform and continued to participate in their application -even though the ECtHR found some of the solutions to be contrary to International Law.…”

Section: The Rule Of Law Beyond Art 7 Teu -The Cjeu's Interventionmentioning

confidence: 99%

Rule of Law vs. Poland and Hungary – an Inconsistent Approach?

Daminova

2021

HJLS

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The first attempts of the European Commission and Parliament to invoke Art. 7(1) of the Treaty on European Union against the Polish and Hungarian governments demonstrate the EU’s political willingness to claim its own authority in defending core European values (Art. 2 TEU) in case of state disobedience. However, despite these attempts to integrate the Rule of Law concept into the overall EU’s supervisory machinery, the Commission’s and the Parliament’s submissions indicate a lack of coherency in implementing the principle as a relevant tool to address multiple challenges arising within the EU Member States legal systems. The parallel developments in the CJEUs case-law (LM/ML, Torubarov) support this statement. Regardless of the Council’s yes/ no decisions in the Polish and Hungarian cases, these lines of reasoning are capable of giving rise to further questions in application of the European Arrest Warrant Framework decision or the Asylum Procedures Directive, in particular the EU Member States which remain within the scope of the EU’s attention in view of systemic Human Rights violations (Italy, Romania, Bulgaria, Croatia). Moreover, the series of the CJEU’s judgements on the Polish judicial reform are capable of paving the way to the de facto intervention into traditional areas of the EU Member States competence – the organisation of the national judicial systems, in light of the development of a EU-specific principle of effective judicial review.

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Section: The Rule Of Law Beyond Art 7 Teu -The Cjeu's Interventionmentioning

confidence: 99%

Rule of Law vs. Poland and Hungary – an Inconsistent Approach?

Daminova

2021

HJLS

View full text Add to dashboard Cite

show abstract

Gondolatok az új amerikai hipertóniaajánlásról

Cited by 1 publication

References 3 publications

Rule of Law vs. Poland and Hungary – an Inconsistent Approach?

Rule of Law vs. Poland and Hungary – an Inconsistent Approach?

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