The German accommodation system for asylum seekers is based on a fundamental ambivalence: it is torn between the idea of social welfare for those in need and the aim of deterring those about to come. In the aftermath of the so called European “refugee crises“, numerous laws were passed that strengthened the idea of deterrence....
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Human rights, national identity, public security and sovereignty – Constitutional questions on the conception of the EU‘s compulsory quota system
In 2015 approximately one million asylum seekers arrived in member states of the European Union, influencing and raising constitutional questions upon human rights, unity, public security, national identity and sovereignty. The Schengen system is known for its open borders, but in the last two years, the flow of migrants has caused some member states to...
Hungarian Regulation from the View of Strasbourg
The Hungarian regulation on secret information gathering was subject of the ECtHR (Szabó and Vissy v. Hungary, no. 37138/14., 12/01/16) in which two activists of an NGO complained that they might have been subjects of secret information gathering. The decision that stipulated the infringement of Article 8 of the Convention settled essential criteria both concerning...
Hungary‘s response to security challenges – regulatory background
Starting from 2015 the increased number of asylum seekers triggered a set of legislative changes in Hungary, which situated on the so-called Balkan-route has become a transit country for the asylum seekers arriving in Greece. The measures implemented by Hungary, such as the border-fence on the border with Serbia and Croatia, the introduction and constant...
Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts
Foreign judges play an important role in the constitutional or apex courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to this phenomenon of “internationalized“ or “hybrid“ constitutional courts. This article thus addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential...
Impeachment, public budget and accountability
The presidential appropriation is an ordinary instrument in the government’s activity to allow the Executive Branch to spend money without the participation of the Congress. The research analyses the presidential appropriation of the presidents of Brazil since 90’s. The central question studied is: Will the government, the parliament, the Union Audit Court accept a new...
Information Delayed is Justice Denied: Lengthy Procedures Deny the Right to Access Information
European Court of Human Rights ruled in 2016 that European Convention on Human Rights guarantees a right to access information held by public authorities. While according to international documents procedures for accessing information should be ‘rapid‘, the courts have yet to rule on what “rapid“ means and when procedures are so long that they violate...
INFORMATION TECHNOLOGY AND THREATS TO SECURITY IN NIGERIA: CHALLENGES FOR PUBLIC LAW
Information Technology has enhanced productivity but has also increased the rate of criminal activities that are not limited by boundaries or territory. Conversely, Communications technologies have enhanced the capacity of law enforcement and governments to conduct surveillance, intercept and collate data. This raises concern about unwarranted intrusions into the privacy of individuals, companies and other...
Infrastructure Institutions: Democracy, Dictatorship, and Corporation
This paper investigates three models for subway building: New York City, Shanghai City, and Hong Kong. It argues that the NYC subway suffers from too much democracy, allowing for contestation between the NY city and state governments, different interest groups, and other stakeholders. In the Shanghai model, the city government centralizes power and resources and...
Inter-American dialogues: searching for common and shared standards of democracy
Human rights, democracy and the rule of law appear in the international human rights system at the same time as cause and consequence of its expansion. Within these inflows, the Inter-American System emerges with the intention of corroborating and consolidating the democratic transition of the states of the region. These pretensions support the structure of...