This thesis examines the attitude of the Hungarian Constitutional Court (“HCC”) and thePolish Constitutional Tribunal (“PCT”) towards EU law in their case-law. The predominantGerman legal influence... Show moreThis thesis examines the attitude of the Hungarian Constitutional Court (“HCC”) and thePolish Constitutional Tribunal (“PCT”) towards EU law in their case-law. The predominantGerman legal influence in the Central European region is explored from perspectives of legalhistory and culture in order to explain its enduring attraction. In order to provide theframework for the research, the case-law of the German Federal Constitutional Court(“FCC”) on the main principles comprehending the essential core of national sovereignty, thecontents of which are not susceptible to transfer or limitation, are set against theconstitutional requirements of EU law as enunciated by the European Court of Justice(“ECJ”) in its own foundational case-law. Such analysis thus provides the “German model,”by which the FCC has “negotiated” its position vis-à-vis the Union’s fundamental principles(e.g., primacy, direct effect, priority of ECJ rulings) which the ECJ has developed through itsjudgments. In pursuing this research, the decision-making of the two Central European courts isconsidered in the light of the putative influence of the German model. The increasingly activeparticipation of the HCC and particularly the PCT in helping to negotiate the newconstitutional context of the Union, based post-Lisbon on the respect of nationalconstitutional identities in Art. 4(2) TEU, is explored. The multilayered judicial construct ofEurope still remains replete with recognition problems for which the research seeks tosuggest some limited and focused changes. Show less
The book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states... Show moreThe book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states endeavor to control the movement of migrants outside their territories, they remain responsible under international law for upholding the rights of refugees and more general human rights. The book explores how refugee and human rights law responds to a phenomenon whereby states engage in external activity and seek cooperation with other actors in the context of migration control; how EU law governs and constrains the various types of pre-border migration enforcement employed by the Member States of the European Union; and examines the conformity with international law of current and unfolding practices of external migration control. Show less
