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Article

Law and Identity in the European Integration

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords hierarchy of norms, heterarchy, rule of law, identity, culture
Authors János Martonyi
AbstractAuthor's information

    The success of the European integration depends, to a large extent, on restoring the equilibrium amongst its various dimensions: the economic, the political and the cultural. This rebalancing should primarily focus on upgrading the hitherto relatively neglected cultural dimension of the European construct, as a basis of European identity. Since law is not only an instrument, but a core element of European identity, rule of law, should be respected on the international, European and national level. The traditional strict, ‘Kelsenian’ hierarchy of legal norms has been substantially loosened, primarily, but not exclusively due to the emergence of European law. The geometric order of legal norms has become heterarchic and the neat ranking of the different levels as well as the absolute primacy based upon that ranking has been questioned. This applies equally to the relationship between international law and European law and between European law and the national laws of the Member States. Both the principle of the autonomy of European, law and the constitutional identity of the Member States aim at protecting the core principles of European law, and the laws of the Member States, respectively. The rule of law does not necessarily presuppose a neat geometric hierarchy of legal norms. It does require, however, an orderly structure, where the precise areas of the autonomy of EU law, as well of the constitutional identity of Member States are defined in a clear and foreseeable manner. While a perfect order can never be established, legal certainty and ultimately, rule of law could be substantially reinforced through mutual empathy and understanding as well as continuous and effective dialogue, consultation and concentration between the various levels of legislation and, in particular, of adjudication.


János Martonyi
János Martonyi: professor emeritus, University of Szeged; former Minister of Foreign Affairs of Hungary (1998-2002 and 2010-2014).

Tamás Szabados
Senior lecturer, ELTE Law School, Budapest.

Laura Gyeney
Associate professor, Pázmány Péter Catholic University, Budapest.

Írisz E. Horváth
Associate professor, Pázmány Péter Catholic University, Budapest.

János Ede Szilágyi
Associate professor, University of Miskolc.

Eszter Bianka Sütő
PhD candidate, University of Debrecen.
Article

Public Procurement Policy Then and Now

Trends in Public Procurement Harmonisation II

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2018
Authors Anita Németh
Author's information

Anita Németh
Attorney-at-law, honorary professor, Eötvös Loránd University (ELTE), Budapest.
Article

How Not to Build a Monetary Union?

The Structural Weaknesses of the EMU in the Light of the 2008 Crisis and the Institutional Reforms for Their Correction

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2018
Authors György Marinkás
Author's information

György Marinkás
Assistant professor, University of Miskolc.

Ágota Török
Legal counsel, accredited public procurement consultant, National Infocommunications Service Company Ltd.
Article

Piecemeal Harmonization of European Civil Law

The Case of Limitation Periods in the Antitrust Damages Directive

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2016
Authors Miriam Buiten
Author's information

Miriam Buiten
PhD candidate, Rotterdam Institute of Law and Economics, Erasmus University Rotterdam.

Menelaos Markakis
DPhil Candidate in Law, University of Oxford, Researcher, Erasmus University of Rotterdam.

András Zs. Varga
Professor of public law, Pázmány Péter Catholic University Faculty of Law and Political Sciences; Judge, Hungarian Constitutional Court.

Botond Horváth
LL.M. (KU Leuven), Head of Unit at the Hungarian Competition Authority, PhD candidate at Pázmány Péter Catholic University Faculty of Law and Political Sciences, Budapest, Hungary.

Olivier Voordeckers
PhD candidate, University of Luxembourg and University of Piraeus.

Veronika Szeghalmi
Media specialist, Institute for Media Studies of the Media Council of the National Media and Infocommunications Authority.

Petra Bárd
Researcher at and Head of the Criminal Law Division, National Institute of Criminology, Hungary (NIC), Lecturer, Central European University, Budapest and Assistant Professor, ELTE School of Law, Budapest.

Andrea Borbíró
Assistant Professor, ELTE School of Law, Budapest.

Levente Nyakas
Head of Institute, Institute of Media Studies (Budapest).

Gábor Molnár
Head of Panel at the Criminal Department, Curia of Hungary, Judicial Advisor in European law.

Petra Bárd
Head of Department for Criminal Law Science, National Institute of Criminology, Budapest.

Tamas Dezso Ziegler
Research fellow, Hungarian Academy of Sciences – Institute for Legal Studies.
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