Hungarian Yearbook of International Law and European Law

Miscellaneous

The Possibility of Using Article 72 TFEU as a Conflict-of-Law Rule

Hungary Seeking Derogation from EU Asylum Law

Keywords Article 72 TFEU, internal security, conflict of law, Common European Asylum System, relocation decisions
Authors Ágnes Töttős
Author's information

Ágnes Töttős
Ágnes Töttős: senior government counselor, Government Office of the Prime Minister, Budapest.
  • Abstract

      The purpose of this article is to examine how the CJEU circumscribed the room for maneuver of Member States for safeguarding their internal security and whether the use of and reference to Article 72 TFEU changed over the past years. The starting point of the analysis is the Hungarian asylum infringement case: the article looks back at earlier case-law and identifies how the reference to Article 72 TFEU shifted from considering it an implementation clause to the attempts at using it as a conflict-of-law rule. Although the article finds that the CJEU reduced the scope of possibly using Article 72 TFEU as a conflict-of-law rule and practically excludes its application by the setting high standards for this unique form of application, the article examines some extreme situations from 2020 where it could be validly referred to.

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