Külügyi Szemle - A Magyar Külügyi Intézet folyóirata - 2012 (11. évfolyam)

2012 / 4. szám - MAGYARORSZÁG ÉS A NEMZETKÖZI JOG - Németh Csaba: Az Európai Bíróság döntött a Sólyom-ügyben

Németh Csaba Résumé The European Court of Justice Has Ruled in the Sólyom Affair On 16 October 2012, the European Court of Justice judged that Slovakia had not violated the EU law when the Slovakian authorities did not allow Hungarian Head of State László Sólyom to enter Slovakia. The affair was based on the fact that on 21 August 2009, the Hungarian Head of State was not allowed to step on the ground of Slovakia on his way to the country, across the Erzsébet Bridge. The so-called "Sólyom affair" fits into the relationship between Hungary and Slovakia that has been characterised by tensions since the nineties; on the other hand, it has raised serious questions about the EU's principles and objectives. Is it really not a problem, if a head of state, who is performing predominantly protocol tasks and embodying all of the citizens of a Member State, is not allowed - without any substantial reasons - to the territory of another Member State? Is it really unnecessary to apply the principle of proportionality, non-discrimination and the protection of fundamental rights on a field that belongs to the exclusive jurisdiction of the Member States, which is controlled by public international law? According to the author's view, if the European Union wants to build up an area based on freedom, security and justice within its borders, then the answers to the above-mentioned questions are evidently 'no'. 224 Külügyi Szemle

Next

/
Thumbnails
Contents