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The case law of the European Court of Human Rights and the Court of Justice of the European Union with regard to the East-Central European countries

Start of the event

2021. 11. 30.

End of the event

2021. 11. 30.

Venue

Constitutional Court of Hungary

An international academic conference on the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union in Central and Eastern Europe and on the "dialogue" between the constitutional courts of the region and the European judicial fora was organised at the Constitutional Court in the framework of the Central European Professors' Network.

A conference on comparative constitutional law was held in Budapest on 30 November 2021, with the participation of renowned legal scholars from Hungary, the Visegrad countries and other Central and Eastern European countries. The main organizer of the academic event, which was hosted by the Constitutional Court, was the Ferenc Mádl Institute of Comparative Law, in cooperation with the Hungarian Comparative Law Association and the Central European Comparative Law Association. The speakers at the event, organised in the framework of the Central European Professors' Network, presented the case law of the European Court of Human Rights and the Court of Justice of the European Union on the countries of Central and Eastern Europe, and analysed the issues of constitutional dialogue between European international judicial fora and national constitutional courts. The focus of the presentations was mainly on how these international courts and national constitutional courts take into account and make use of each other's findings and reasoning, how they refer to each other and how this contributes to the development of the constitutional dialogue between the two fora. Highlighting the considerable experience of our region in this field, which is useful for the whole of Europe, the speakers considered this dialogue to be essential for legal certainty throughout Europe, for mutual respect and appreciation between nations, for increasing public confidence in European and national legislation, law enforcement and case law, and for greater understanding and mutual respect between the nations of Europe in general. The conference was also part of the European Union's Conference on the Future of Europe and the Celebration of Hungarian Science for a series of events.

The scientific conference was moderated by Prof. Dr. Erzsébet Szalayné Sándor, Deputy Commissioner for the Protection of National Minorities in Hungary of the Parliamentary Commissioner for Fundamental Rights, and featured high-ranking speakers and participants.The conference was opened by Dr. Tamás Sulyok, President of the Constitutional Court. Afterwards, Prof. Dr. János Ede Szilágyi, Head of the Ferenc Mádl Institute of Comparative Law, presented the results of the Central European Professors' Network launched in 2021 with the support of the Government. The results of the first year's work of the working groups of academics and researchers established in the network for cooperation among Central European legal scholars include a book series, numerous articles published in recently established academic journals, and more than 50 academic events organised by the working groups up to the date of the conference. The first four chapters of the book series, which were presented at the conference, deal with topical issues of our time such as the protection of families, the impact of digital platforms and social media on freedom of expression and pluralism, the experience of the case law of constitutional courts in the region, and the use of religious symbols. Prof. Szilágyi also presented the Central European Junior Programme, which currently offers PhD studies to 7 students from the region, in cooperation with the University of Miskolc Doctoral School.

The presentations at the academic event mainly analysed the interaction and cooperation between national constitutional courts and European international judicial bodies and the parallels and differences in the jurisprudence, reasoning and referral practices of the national constitutional courts of the individual states. At the conference, particular emphasis was placed on the possibilities of resolving the conflicts that sometimes exist between uniformity before European judicial forums and the specificities of the Member States and national constitutional law - cultural, historical, constitutional - and on the questions of national constitutional identity, the enforcement of rules and principles belonging to the national constitutional core. In addition to the above, the speakers also analysed topical issues such as the rights of the child and the fulfilment of parental obligations, or the constitutional aspects of the COVID-19 epidemic.

The event programme is in English:

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Presenters

Dr. Sulyok Tamás
Prof. Dr. János Ede Szilágyi
Prof. Dr. Vladan Petrov
Prof Dr. Davor Derenčinović
Prof. Dr. Zoltán J. Tóth
Prof. Dr. Patyi András
Prof. Dr. David Sehnálek
Prof. Dr. Katarína Šmigová
Prof. UJ Dr. Piotr Mostowik
Dr. Adél Köblös
Prof. Dr. Slobodan Orlović
Prof. Dr. Benjamin Flander

Moderators

Prof. Szalay Elisabeth
Prof. Dr. Patyi András
Prof. Dr. Téglási András

Themes

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