Migration Challenges – Legal Responses in General Terms

17 October 2023

On 19-20 October 2023, the Central European Academy will organize the “Migration Challenges – Legal Responses in General Terms” conference in cooperation with the Faculty of Law of the University of Miskolc, Ferenc Mádl Institute of Comparative Law and the Central European Association for Comparative Law.

The main areas to be assessed:

Clarifying the terminology: the notion of ‘refugee’ versus ‘migrant’. The framework of interpretation of the UN refugee convention, with special regard to the illegal entry in the country and the principle of nonrefoulement. Practice of the Council of Europe and within especially the European Court of Human Rights from a Central European perspective with regard to questions related to migration.

Comparative Law No. I: the question of EU and Member State competencies: refugee law versus migration law, enhancing the related jurisprudence of the national constitutional courts.

Comparative Law No. II: The role of constitutional courts with regard to migration and refugee law. Assessment of the steps made by the EU since 2015: theory and practice, the question of double standards. The concept of ‘safe third country’.

Comparative Law No. III: Theory and practice of returning irregular migrants, including the readmission agreements as well as the difficulties of enforcement, and – based upon eventual discrepancies – dilemmas related to legal certainty. Assessment of the context between demography and the issue of migration with legal relevance.

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