Comparative analysis of refugees coming from Balkan and the Middle East from a legal, economical and moral viewpoint.pdf (original) (raw)
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In: Kury, Helmut, - Redo, Sławomir (eds.) Refugees and Migrants in Law and Policy. Challenges and Opportunities for Global Civic Education. Publ. by Springer International Publishing AG. Cham, Switzerland, 2018. pp. 75-109., 2018
The chapter describes relevant topics in the field of migration in the Central Eastern European region, emphasizing but not getting lost in discussing the Hungarian point of view, since the country plays a crucially important role on the Balkan route due to its geopolitical position. Besides presenting true and fair views on the broader international context of mass migration, the paper provides the readers with a follow-up on the political events from the beginning of 2015 in Hungary and on the Balkan route. The chapter formulates valid and important questions in terms of the debate of “law versus ethics” related to the principles of international law and attempts to give an analysis on the critical collision of international and national laws, and it also provides details on the dangers and importance of the collision of national and international interests.
InterEULawEast : journal for the international and european law, economics and market integrations, 2021
This paper discusses the legal basis of those anti-migratory individual actions of certain states of the European Union, specifically Italy and Hungary, which have recently created a challenge to the enforcement of International and European Union legal rules on asylum. On the one side, legal rules are stemming from International Law, the case-law of the European Court of Human Rights, EU Law (i.e. Dublin Regulation) which impose specific duties on those countries where migrants and asylum-seekers first come. On the other side, there are countries (i.e. Italy, Hungary) that are or have been particularly exposed to the inflow of refugees and asylum-seekers. These countries, in these last years, have taken individual initiatives against what their Governments have perceived as a massive inflow of migrants. These initiatives have spurred a debate and have also contributed to EU initiatives and plans related to the reallocation of migrants. This paper, after introducing the Internationa...
Refugee Crisis in Hungary Then and Now
Hungary faced a barrage of criticism from various quarters for its lack of support during the 2015/16 refugee crisis. People wondered what had happened to the liberal country that was the first among the Eastern Bloc countries to open its borders to the West, and which had actively assisted GDR refugees in their escape to freedom. Nevertheless, any comparison between the events of 1989 and 2015/16 should not overlook the fact that these were each dealing with very different types of refugees. The GDR refugees originated from the same cultural background as Hungary, but the present day refugees belong to a completely different cultural and religious environment. However, extraneous factors also play a significant role in the different treatment of the refugee issues then and now. At the end of the 1980s, it was important to Hungary that it gained recognition and political support from the West. Hungary’s involvement in the Helsinki Final Act (the Conference on Security and Cooperation in Europe / KSZE) had a significant impact on the country’s response to the issue of refugees. Nowadays, Hungary feels that it well and truly belongs to the West, and does not consider that it somehow needs to seek or gain confirmation of this reality. Furthermore, Hungary justifiably sees itself as having the support of the Visegrád-Group with regard to its refugee policy.
Hungarian Asylum Law and Policy in 2015–2016: Securitization Instead of Loyal Cooperation
The study describes Hungary's policy towards asylum seekers and refugees in the tense period of 2015–2016 before and after the erection of fences at its southern borders of Hungary. It offers a theoretical explanation of the legal measures and practical actions. After briefly reviewing the factual basis, that is the magnitude of the movements and the number of decisions taken in the EU and in Hungary and the pertinent legal changes in 2015– 2016 it elaborates the theoretical fundaments. Securitization majority identitarian populism and crimmigration are invoked as explanatory frames. The paper then reassembles the factual elements under six headings showing them in a new light. These are: denial, deterrence, obstruction, punishment, free riding constituting lack of solidarity and breaching the law (international, European, domestic). Finally the question is raised if all these moves are compatible with the duty of loyal cooperation of Member States with each-other and the EU as prescribed by article Article 4 (3) TEU. * The author expresses his thanks to the Max Planck Institute for Comparative Public Law and International Law (Heidelberg) for its generous support, as well as to István Pogány, Katinka Huszár, and Matthias Goldmann for their very helpful comments.
The study describes Hungary's policy towards asylum seekers and refugees in the tense period of 2015-2016 before and after the erection of fences at its southern borders of Hungary. It offers a theoretical explanation of the legal measures and practical actions. After briefly reviewing the factual basis, that is the magnitude of the movements and the number of decisions taken in the EU and in Hungary and the pertinent legal changes in 2015-2016 it elaborates the theoretical fundaments. Securitization majority identitarian populism and crimmigration are invoked as explanatory frames. The paper then reassembles the factual elements under six headings showing them in a new light. These are: denial, deterrence, obstruction, punishment, free riding constituting lack of solidarity and breaching the law (international, European, domestic). Finally the question is raised if all these moves are compatible with the duty of loyal cooperation of Member States with each-other and the EU as prescribed by article Article 4 (3) TEU.
Polish Review of International and European Law, 2022
In December , the Grand Chamber of the Court of Justice delivered a judgement in European Commission v. Hungary case which is signi cant in many respects. e CJEU has con rmed that Hungary had failed to ful l its obligations in providing migrants with international protection and returning illegally staying third-country nationals. e judgement is also of crucial importance in view of the Common European Asylum System and New Pact on Migration and Asylum. e comment aims at presenting possible consequences of the judgement for both the Hungarian administration and, most importantly, future instruments in the area of asylum in the EU.