After canvassing the CJEU's return-related case-law and identifying the references to the ECHR and the Strasbourg case-law within it, based on empirical research of CJEU rulings, this article explores the possible reasons and motivations for the EU Court's more guarded approach towards ECHR and ECtHR case-law in interpreting and developing the EU's return acquis (as opposed to the EU asylum legislation). Potential explanations are manifold. Nonetheless, one might still argue that, substance-wise, quite a number of human rights protected under the ECHR and ECtHR case-law have been presented in the CJEU rulings as EU law standards. Hence, it is also arguable that ECtHR jurisprudence does play a role behind the scenes in the CJEU's deliberations but does not surface in the judgments themselves.
{"title":"The impact of ECtHR case-law on the CJEU's interpreting of the EU's return acquis: More than it first seems?","authors":"T. Molnár","doi":"10.1556/2052.2022.00354","DOIUrl":"https://doi.org/10.1556/2052.2022.00354","url":null,"abstract":"\u0000 After canvassing the CJEU's return-related case-law and identifying the references to the ECHR and the Strasbourg case-law within it, based on empirical research of CJEU rulings, this article explores the possible reasons and motivations for the EU Court's more guarded approach towards ECHR and ECtHR case-law in interpreting and developing the EU's return acquis (as opposed to the EU asylum legislation). Potential explanations are manifold. Nonetheless, one might still argue that, substance-wise, quite a number of human rights protected under the ECHR and ECtHR case-law have been presented in the CJEU rulings as EU law standards. Hence, it is also arguable that ECtHR jurisprudence does play a role behind the scenes in the CJEU's deliberations but does not surface in the judgments themselves.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48232958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Court rulings and publications on constitutional identity have spread in a sort of viral way since the entry into force of the Lisbon Treaty in 2009. Accordingly, many scholars analyse the possible sources of the term and the risks associated with its use, including the fact that opponents of constitutional democracy can use it as a great weapon, as there is no objective standard in terms of its content. In this regard two different positions can be distinguished concerning the function of the constitutional identity clause and the determination of the content elements of the constitutional identity. The first perspective looks at the notion of identity as a manifestation of Euroscepticism, according to which the identity clause is in fact a possible form of derogation under obligations deriving from European integration. In contrast, the second perspective leads to a cooperative interpretation of the concept of identity, if you like, an integration-friendly dissolution of the concept of sovereignty in a sort of post-Westphalian meaning of identity, which can be linked to the concept of ‘unity in diversity’. Accordingly, Article 4 (2) TEU allows for the articulation of individual Member State specificities and establishes a mechanism in which different Member State and supranational perspectives can be harmoniously aligned with each other. This paper looks at Article 4 (2) TEU as an embodiment of the idea of ‘cooperative constitutionalism’ having the function of a ‘valve’ and presents all the relevant cases where constitutional identity as a legal standard has been raised in front of the Court of Justice of the European Union up to 2020.
{"title":"Constitutional identity in the jurisprudence of the Court of Justice of the European Union","authors":"E. Orbán","doi":"10.1556/2052.2022.00374","DOIUrl":"https://doi.org/10.1556/2052.2022.00374","url":null,"abstract":"\u0000 Court rulings and publications on constitutional identity have spread in a sort of viral way since the entry into force of the Lisbon Treaty in 2009. Accordingly, many scholars analyse the possible sources of the term and the risks associated with its use, including the fact that opponents of constitutional democracy can use it as a great weapon, as there is no objective standard in terms of its content. In this regard two different positions can be distinguished concerning the function of the constitutional identity clause and the determination of the content elements of the constitutional identity. The first perspective looks at the notion of identity as a manifestation of Euroscepticism, according to which the identity clause is in fact a possible form of derogation under obligations deriving from European integration. In contrast, the second perspective leads to a cooperative interpretation of the concept of identity, if you like, an integration-friendly dissolution of the concept of sovereignty in a sort of post-Westphalian meaning of identity, which can be linked to the concept of ‘unity in diversity’. Accordingly, Article 4 (2) TEU allows for the articulation of individual Member State specificities and establishes a mechanism in which different Member State and supranational perspectives can be harmoniously aligned with each other. This paper looks at Article 4 (2) TEU as an embodiment of the idea of ‘cooperative constitutionalism’ having the function of a ‘valve’ and presents all the relevant cases where constitutional identity as a legal standard has been raised in front of the Court of Justice of the European Union up to 2020.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46070424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The leveraging of market power by digital ecosystems and self-preferencing have become fashionable topics nowadays at national, European, and international levels. However, they are not novel issues. This paper argues that we can find the underlying concepts in a number of practices previously identified as abusive, such as tying and bundling, margin squeeze, and refusal to deal. This paper points out that these abuses have certain similarities with self-preferencing. This supports the claim that self-preferencing is likely to be conceivable under EU competition law as a new abuse. The investigations launched by the Commission after the adoption of the Google Shopping decision – such as against Amazon and Apple, the Amazon case of the Italian Competition Authority, as well as the various expert reports, and the legislative proposals that have been put forward in this regard also point in this direction. However, many questions remain when it comes to the legal standards that are applicable to the assessment of whether self-preferencing is abusive in a given situation.
{"title":"Is it unlawful to favour oneself?","authors":"Gergely Csurgai-Horváth","doi":"10.1556/2052.2022.00349","DOIUrl":"https://doi.org/10.1556/2052.2022.00349","url":null,"abstract":"\u0000 The leveraging of market power by digital ecosystems and self-preferencing have become fashionable topics nowadays at national, European, and international levels. However, they are not novel issues. This paper argues that we can find the underlying concepts in a number of practices previously identified as abusive, such as tying and bundling, margin squeeze, and refusal to deal. This paper points out that these abuses have certain similarities with self-preferencing. This supports the claim that self-preferencing is likely to be conceivable under EU competition law as a new abuse. The investigations launched by the Commission after the adoption of the Google Shopping decision – such as against Amazon and Apple, the Amazon case of the Italian Competition Authority, as well as the various expert reports, and the legislative proposals that have been put forward in this regard also point in this direction. However, many questions remain when it comes to the legal standards that are applicable to the assessment of whether self-preferencing is abusive in a given situation.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48398762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The development of AI has been an explosive process, permeating almost all areas of life. During this rapid evolution, the legal profession has been slow to catch up. This is especially true for international law, which seemingly remains indecisive regarding whether it has a role to play at all. This article aims at mapping out converging points between AI and international law. Through separating key elements of the definition and nature of AI, the possibility of its legal personality and the means by which AI may become a subject of international law are analysed. Utilizing various modalities regarding legal personality, such as that of inanimate objects, corporations and natural persons, the paper presents avenues for if and when decision-makers want to regulate the field. Last, the advantages and problems with bestowing legal personality and the potential future directions of international regulation are observed.
{"title":"AI and international law – Legal personality and avenues for regulation","authors":"András Hárs","doi":"10.1556/2052.2022.00352","DOIUrl":"https://doi.org/10.1556/2052.2022.00352","url":null,"abstract":"\u0000 The development of AI has been an explosive process, permeating almost all areas of life. During this rapid evolution, the legal profession has been slow to catch up. This is especially true for international law, which seemingly remains indecisive regarding whether it has a role to play at all. This article aims at mapping out converging points between AI and international law. Through separating key elements of the definition and nature of AI, the possibility of its legal personality and the means by which AI may become a subject of international law are analysed. Utilizing various modalities regarding legal personality, such as that of inanimate objects, corporations and natural persons, the paper presents avenues for if and when decision-makers want to regulate the field. Last, the advantages and problems with bestowing legal personality and the potential future directions of international regulation are observed.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46808654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There is a general consensus in mainstream education sciences and sociology that the Hungarian educational system has long been highly selective. 1 Although the majority of Hungarian society has high hopes that the educational system promotes social mobility, empirical studies show that the problem of selectivity has not been handled effectively, regardless of the multitude of changes in education policy in past decades. 2 It has become a very fashionable theme in the past few years to denounce the detrimental effects of neoliberalism on the educational system for this failing. 3 We, however, argue that neoliberalism has only played a secondary role in the controversial evolution of educational policy, while its chief causes may rather be found in ambiguous education legislation. As a result of the aforementioned controversy, the impact of neoliberal economic policy on the institutional selectivity of education needs to be clarified. Accordingly, this paper aims to highlight the main patterns of how the neoliberal idea has affected education, as well as its side effects on social mobility.
{"title":"The effects of neoliberal social policy on the institutional selectivity of the Hungarian K-12 educational system from a socio-legal perspective","authors":"Z. Rónay, Márton Matyasovszky-Németh","doi":"10.1556/2052.2022.00363","DOIUrl":"https://doi.org/10.1556/2052.2022.00363","url":null,"abstract":"\u0000 There is a general consensus in mainstream education sciences and sociology that the Hungarian educational system has long been highly selective.\u0000 1\u0000 Although the majority of Hungarian society has high hopes that the educational system promotes social mobility, empirical studies show that the problem of selectivity has not been handled effectively, regardless of the multitude of changes in education policy in past decades.\u0000 2\u0000 It has become a very fashionable theme in the past few years to denounce the detrimental effects of neoliberalism on the educational system for this failing.\u0000 3\u0000 We, however, argue that neoliberalism has only played a secondary role in the controversial evolution of educational policy, while its chief causes may rather be found in ambiguous education legislation.\u0000 As a result of the aforementioned controversy, the impact of neoliberal economic policy on the institutional selectivity of education needs to be clarified. Accordingly, this paper aims to highlight the main patterns of how the neoliberal idea has affected education, as well as its side effects on social mobility.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42315346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A common feature of the present-day constitutions of the Western Balkans is the effort to solve conflicts of ethnic character using predominantly legal tools, mostly in a parliamentarian way. However, the practice shows that most legal regimes based on instruments that give preference to the interests of one or more equally strong ethnic groups can be built mostly to the detriment of democratic states. Effective and functional state institutions and ethnic power-sharing in multi-ethnic states seem to be in conflict with each other. Rule-of-law-based models can only function properly if parties have mutual trust and can solve their internal conflicts through compromises among themselves. Political agreements based on mutual trust are more effective in the long term as legal instruments. There are examples of such arrangements in multi-ethnic states of Western Europe (Belgium, Northern Ireland, and Switzerland). Analysis of the solutions of the Western Balkans countries and their comparison with these Western examples shows clearly that hard legal tools (vetoes) do not soften but sharpen conflicts, while informal arrangements based on mutual trust are more productive.
{"title":"Ethnic conciliation in parliaments: Western Balkans v. Western Europe","authors":"Z. Szabó","doi":"10.1556/2052.2022.00305","DOIUrl":"https://doi.org/10.1556/2052.2022.00305","url":null,"abstract":"\u0000 A common feature of the present-day constitutions of the Western Balkans is the effort to solve conflicts of ethnic character using predominantly legal tools, mostly in a parliamentarian way. However, the practice shows that most legal regimes based on instruments that give preference to the interests of one or more equally strong ethnic groups can be built mostly to the detriment of democratic states. Effective and functional state institutions and ethnic power-sharing in multi-ethnic states seem to be in conflict with each other. Rule-of-law-based models can only function properly if parties have mutual trust and can solve their internal conflicts through compromises among themselves. Political agreements based on mutual trust are more effective in the long term as legal instruments. There are examples of such arrangements in multi-ethnic states of Western Europe (Belgium, Northern Ireland, and Switzerland). Analysis of the solutions of the Western Balkans countries and their comparison with these Western examples shows clearly that hard legal tools (vetoes) do not soften but sharpen conflicts, while informal arrangements based on mutual trust are more productive.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48953189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the unemployment policy of Central-East-European countries applying mixed methods. First, fuzzy set analysis is used to determine the efficiency of unemployment measures for reducing the poverty gap. Three causal conditions are measured: the net replacement rate of unemployment benefits, labour law regulations related to job security, and public spending on labour-market programs. This analysis reveals two possible pathways: governments may either provide a high level of job security, or spend on active and passive labour-market measures. Second, the fuzzy set analysis was completed with a comparative legal analysis covering the Visegrad countries that examined the policy choices the Visegrad countries made after the economic crisis. The paper argues that due to the different approaches to the welfare state, any potential EU initiatives for regulating unemployment benefits under the European Pillar of Social Rights might put divergent adaptation pressure on the V4 states. The differences are significant, as they would not only challenge effective social integration but also hamper the envisioned political cooperation of the V4 countries in this policy area. Building on previous literature, this paper is written to contribute to research on the European Social Model and social integration within the European Union.
{"title":"Divergent we fall: The challenges for welfare state - Social integration and unemployment policies in the Visegrad Countries","authors":"S. Hungler","doi":"10.1556/2052.2022.00339","DOIUrl":"https://doi.org/10.1556/2052.2022.00339","url":null,"abstract":"\u0000 This article examines the unemployment policy of Central-East-European countries applying mixed methods. First, fuzzy set analysis is used to determine the efficiency of unemployment measures for reducing the poverty gap. Three causal conditions are measured: the net replacement rate of unemployment benefits, labour law regulations related to job security, and public spending on labour-market programs. This analysis reveals two possible pathways: governments may either provide a high level of job security, or spend on active and passive labour-market measures. Second, the fuzzy set analysis was completed with a comparative legal analysis covering the Visegrad countries that examined the policy choices the Visegrad countries made after the economic crisis. The paper argues that due to the different approaches to the welfare state, any potential EU initiatives for regulating unemployment benefits under the European Pillar of Social Rights might put divergent adaptation pressure on the V4 states. The differences are significant, as they would not only challenge effective social integration but also hamper the envisioned political cooperation of the V4 countries in this policy area. Building on previous literature, this paper is written to contribute to research on the European Social Model and social integration within the European Union.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43058909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2014, a fundamental reform of private law took place in the Czech Republic. It was a revolution in private law. The reform of Czech private law was also to some extent contributed to by the pressure of the neighbouring more advanced legal systems in which the Czech legislator sought inspiration, especially the ABGB and its basic principles. Czech private law has been influenced since at least 1811 by the ABGB; this regulation affected Czech private law even in the first half of the twentieth century. This paper aims to answer the question how the ius-naturale conception of ABGB affected the Czech Civil Code of 2012 (the reform of private law in 2012) in the field of compensation for non-pecuniary damage, and to what extent and in which institutes this influence manifested itself. The area of compensation for non-pecuniary damage was deliberately chosen – this area is related to the protection of human personality. Personality rights then reflect the theory of natural law, which was suppressed in Czech private law during the second half of the twentieth century.
{"title":"The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code","authors":"Jitka Matějková, Ondřej Pavelek, Bohumil Vítek","doi":"10.1556/2052.2021.00329","DOIUrl":"https://doi.org/10.1556/2052.2021.00329","url":null,"abstract":"\u0000 In 2014, a fundamental reform of private law took place in the Czech Republic. It was a revolution in private law. The reform of Czech private law was also to some extent contributed to by the pressure of the neighbouring more advanced legal systems in which the Czech legislator sought inspiration, especially the ABGB and its basic principles. Czech private law has been influenced since at least 1811 by the ABGB; this regulation affected Czech private law even in the first half of the twentieth century. This paper aims to answer the question how the ius-naturale conception of ABGB affected the Czech Civil Code of 2012 (the reform of private law in 2012) in the field of compensation for non-pecuniary damage, and to what extent and in which institutes this influence manifested itself. The area of compensation for non-pecuniary damage was deliberately chosen – this area is related to the protection of human personality. Personality rights then reflect the theory of natural law, which was suppressed in Czech private law during the second half of the twentieth century.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47805663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper discusses the issue of legitimate expectations in the arbitral practice of green energy cases under the Energy Charter Treaty. Before the economic crisis of 2008, several European countries provided special incentives and subsidies to investors in the field of renewable energy. However, following the crisis, some of them (e.g. Spain and Italy) abridged these benefits, which resulted in a number of arbitration proceedings under the Energy Charter Treaty. Some of these are still pending. Most of these disputes are centered on legitimate expectations, a major component of the fair and equitable treatment standard. The introductory part of the article gives a general overview of the issue of legitimate expectations in international investment law, and identifies the three types of situations which can generate legitimate expectations: specific commitments, unilateral representation or promises, and regulatory frameworks. The main part of the work analyses the most relevant green-energy cases of the Energy-Charter-Treaty-related arbitrations, with special emphasis on the issue of legitimate expectations. In the final part of the paper, conclusions are drawn based on the case law here presented, as well as other researched cases.
{"title":"Legitimate expectations in the arbitral practice of green energy cases under the Energy Charter Treaty","authors":"Zoltán Víg","doi":"10.1556/2052.2022.00347","DOIUrl":"https://doi.org/10.1556/2052.2022.00347","url":null,"abstract":"\u0000 This paper discusses the issue of legitimate expectations in the arbitral practice of green energy cases under the Energy Charter Treaty. Before the economic crisis of 2008, several European countries provided special incentives and subsidies to investors in the field of renewable energy. However, following the crisis, some of them (e.g. Spain and Italy) abridged these benefits, which resulted in a number of arbitration proceedings under the Energy Charter Treaty. Some of these are still pending. Most of these disputes are centered on legitimate expectations, a major component of the fair and equitable treatment standard. The introductory part of the article gives a general overview of the issue of legitimate expectations in international investment law, and identifies the three types of situations which can generate legitimate expectations: specific commitments, unilateral representation or promises, and regulatory frameworks. The main part of the work analyses the most relevant green-energy cases of the Energy-Charter-Treaty-related arbitrations, with special emphasis on the issue of legitimate expectations. In the final part of the paper, conclusions are drawn based on the case law here presented, as well as other researched cases.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44279600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper will discuss the constitutional relevance of the European Convention on Human Rights (ECHR), i.e. the manner how the constitutional judiciary of North Macedonia enforces its provisions. It is important to stress that the ECHR does not provide for a specific way to ensure the implementation of guaranteed human rights and freedoms. It is left to each country to create its own path which, on the other hand, points to the fact that the European Court of Human Rights (ECtHR) cannot act as a supra-national fourth court instance, or as a supra-national Pan-European supreme court. This means that constitutional relevance and the margin of appreciation are related to, and dependent on, each other. Moreover, this paper will analyse the implementation of the ECHR's provisions by the Constitutional Court of North Macedonia as well as the objective and pragmatic need to extend the normative scope of the legal institution of a constitutional complaint, in order to advance and strengthen the constitutional-judicial protection of the rights and freedoms of citizens guaranteed by the Constitution of North Macedonia.
{"title":"The implementation of the ECHR and the need to extend the scope of consitutional complaint mechanism in North Macedonia","authors":"Blerton Sinani","doi":"10.1556/2052.2021.00331","DOIUrl":"https://doi.org/10.1556/2052.2021.00331","url":null,"abstract":"\u0000 This paper will discuss the constitutional relevance of the European Convention on Human Rights (ECHR), i.e. the manner how the constitutional judiciary of North Macedonia enforces its provisions. It is important to stress that the ECHR does not provide for a specific way to ensure the implementation of guaranteed human rights and freedoms. It is left to each country to create its own path which, on the other hand, points to the fact that the European Court of Human Rights (ECtHR) cannot act as a supra-national fourth court instance, or as a supra-national Pan-European supreme court. This means that constitutional relevance and the margin of appreciation are related to, and dependent on, each other. Moreover, this paper will analyse the implementation of the ECHR's provisions by the Constitutional Court of North Macedonia as well as the objective and pragmatic need to extend the normative scope of the legal institution of a constitutional complaint, in order to advance and strengthen the constitutional-judicial protection of the rights and freedoms of citizens guaranteed by the Constitution of North Macedonia.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41363268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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