Hungary: Act LXII of 2001 on Hungarians Living in Neighbouring Countries

2001 ◽  
Vol 40 (5) ◽  
pp. 1242-1253
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
European Integration ◽  
Minority Rights ◽  
The European Union ◽  
International Organisations ◽  
Council Of Europe ◽  
Basic Principles ◽  
The Republic

In order to comply with its responsibilities for Hungarians living abroad and to promote the preservation and development of their manifold relations with Hungary prescribed in paragraph (3) of Article 6 of the Constitution of the Republic of Hungary;Considering the European integration endeavours of the Republic of Hungary and in-keeping with the basic principles espoused by international organisations, and in particular by the Council of Europe and by the European Union, regarding the respect of human rights and the protection of minority rights;Having regard to the generally recognised rules of international law, as well as to the obligations of the Republic of Hungary assumed under international law

scholarly journals The Phenomena of Fragmentation in the Legal Relations between the Council of Europe and the European Union

2020 ◽  
Author(s):  
Viktoriya Kuzma
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Council Of Europe ◽  
European Continent ◽  
Court Of Justice ◽  
European Court ◽  
The Law

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.

The problem of recognition by the European union of "Crimean" passports

2020 ◽  
pp. 6-13
Author(s):  
S. Gavrilova ◽  
E. Bumagina
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
The European Union ◽  
The Republic

The article considers the problem of non-recognition by member countries of the European Union, the Russian passports issued on the territory of the Republic of Crimea and Sevastopol city, and the difficulty of obtaining a Schengen visa by citizens of these regions. The EU's position on this issue is a violation of human rights and contradicts the norms of international law. The authors suggest possible solutions to this problem.

scholarly journals Minorities in Turkey I: Law and Reform

2021 ◽  
Vol 1 (1) ◽  
pp. 49-56
Author(s):  
Baskın Oran
Keyword(s):  
European Union ◽  
Human Rights ◽  
Critical Period ◽  
Minority Rights ◽  
The European Union ◽  
State Of Emergency ◽  
The Republic ◽  
Race And Religion ◽  
The Relationship ◽  
Religious Term

Here I uncover the relationship between the term “Turk” (an ethno-religious term that, in some usages covertly, in some overtly, avers that Turkey is the land of ethnic Turks, and that only Muslims are considered Turk), and the concepts of race and religion. A critical period for the advancement of human rights and minority rights in Turkey occurred in the early 2000s, when the parliament adopted a series of reform packages in order to harmonize the country’s laws with those of the European Union (EU). I propose to examine a case of these most radical democratic reforms carried out since the establishment of the republic, in order to understand how these reforms have been put into practice. I also trace the deviation from these reforms after 2005, by examining the subsequent laws and practices that undo or undermine them, and discuss their implications, particularly for Kurds in case of the deterioration under the state of emergency (Olağanüstü Hal, or OHAL), declared in response to the July 15, 2016 coup attempt.

Conditions of democracy-enhancing multilateralism: expansion of rights protections in Europe?

2012 ◽  
Vol 38 (4) ◽  
pp. 707-733 ◽  
Author(s):  
THERESA SQUATRITO
Keyword(s):  
European Union ◽  
International Law ◽  
Recent Article ◽  
Unique Contribution ◽  
The European Union ◽  
International Organisations ◽  
Council Of Europe ◽  
Multilateral Institutions ◽  
Legal Principle ◽  
Domestic Law

AbstractAs argued in a recent article by Keohane, Macedo, and Moravcsik, ‘democracy-enhancing multilateralism’ highlights the potential ways in which international organisations can enhance domestic democracy. The thesis raises an important question about the conditions which shape the likelihood that multilateralism will have such democratising effects. This article responds to the question of conditionality, looking at one way in which democracy may be improved by multilateralism-through the expansion of rights protections. That is, under what conditions will domestic democratic processes garner an improved ability to protect rights as a result of a state's participation in multilateral institutions? Using most likely empirical cases – the European Union (EU) and the Council of Europe (COE) – this article argues that three conditions affect the likelihood that rights expansion will result from multilateral legal institutions. Together the compatibility between the international legal principle and pre-existing domestic law, legal mobilisation, and the precision and obligation of the international law have significant affect on the likelihood of rights expansion. The unique contribution here is a set of conditions that helps to understand when and where rights are likely to expand as a result of a state's participation in international organisations.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

scholarly journals Integration of Republica Moldova to the EU: Real Conditions and Perspectives (the 1990ʼs of the 20th – early of the 21st century)

2018 ◽  
pp. 287-295
Author(s):  
Halyna Melnychuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Political Development ◽  
Cultural Integration ◽  
The European Union ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Existing Problems ◽  
The Republic ◽  
The Eu

This article presents important steps and achievements accomplished by the Republic of Moldova towards integration, by analysing its collaboration with the European Union.  The development of relations with the EU is the priority goal that Moldova strives for, which means not only economic, but also political and cultural integration.  The first steps of the Republic of Moldova towards the EU were encouraging.  After years of isolation, this process was difficult and required a lot of efforts.  This is due to many reasons, the most important of which are Russia's political and economic pressure, theunresolved issue in Transnistria, the ideological and geopolitical schisms of the population, some of which see their future with Russia, and the other part with Europe.  Despite the existing problems, cooperation with the EU has yielded tangible results: the EU-Moldova Association Agreement has been signed, the visa regime has been abolished and financial support for the socioeconomic and public sectors is provided.  Moldova, for its part, is making great efforts to form a single political, economic and cultural educational space with the EU, which supports its efforts in the process of European integration.  Its speed and success largely depend on the country itself, its economic and political development.  A strong statepolicymaking aimed at strengthening reforms and stimulating the transition to a market economy in accordance with the international principles is inherent in the future development of Moldova. Keywords: Republic of Moldova, European Union,European Integration, foreign policy, Transniestrian conflict

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

7. Europe

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Regional Organizations ◽  
The World ◽  
Relevant Work

This chapter examines the regional organizations with jurisdiction over human rights in Europe, focusing on the Council of Europe, and describes relevant work of the European Union and the Organization for Security and Cooperation in Europe. It highlights the success of the Council of Europe in developing a system which ensures the protection of basic human rights through a judicial mechanism, and concludes that the European Convention on Human Rights has matured into the most sophisticated and effective human rights treaty in the world.

scholarly journals Human Rights in the Criminal Code? A Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 33-57
Author(s):  
Steven Dewulf
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Code ◽  
The European Union ◽  
Council Of Europe ◽  
Criminal Legislation ◽  
International Instruments ◽  
The Eu

Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made by the Belgian legislator. The key question is whether or not States should indeed also implement such human rights provisions in their criminal legislation, and if so, in what way they should best proceed. It will be argued that inserting such a specific human rights clause for one particular offence in a domestic criminal code might not only be superfluous, but could even have unforeseen, unwanted and hazardous effects.

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