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Title:Constitutional challenges in the algorithmic society Editor(s):MICKLITZ, Hans-Wolfgang
; POLLICINO, Oreste; REICHMAN, Amnon; SIMONCINI, Andrea; SARTOR, Giovanni
; DE GREGORIO, GiovanniDate:2022Citation:
- Cambridge : Cambridge University Press, 2022
Type:BookAbstract:New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal ...


Title:Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants : the symbiotic protection of the EU Charter and general principles of EU law Author(s):MORARU, Madalina Bianca
; CLEMENT, MarcDate:2022Citation:
- Federica CASAROSA and Madalina MORARU (eds), The practice of judicial interaction in the field of fundamental rights : the added value of the charter of fundamental rights of the EU, Cheltenham ; Northampton ; Massachusetts : Edward Elgar Publishing Limited, 2022, pp. 263-287
Type:Contribution to bookAbstract:Whilst it is up to the European Union’s Member States to ‘provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’ (Art. 19(1) Treaty on European Union (TEU)), the determination ...


Title:The practice of judicial interaction in the field of fundamental rights : the added value of the charter of fundamental rights of the EU Editor(s):CASAROSA, Federica
; MORARU, Madalina Bianca
Date:2022Citation:
- Cheltenham, ; Northampton : Edward Elgar Publishing, 2022
Type:BookAbstract:This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can ...


Title:Judicial interactions on the European Return Directive : shifting borders and the constitutionalisation of irregular migration governance Author(s):CORNELISSE, Galina; MORARU, Madalina Bianca
Date:2022Citation:
- European papers, 2022, Vol. 7, No. 1, pp.127-149
Type:ArticleAbstract:This article examines the dynamics between shifting borders – the border as a legal construct instead of a geographical barrier – and law by analysing the role of courts and judicial interactions in the implementation of ...


Title:Cross-border child relocation : national law in a united Europe Author(s):CERAN, Olga
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of ...


Title:The changes undermining the functioning of a constitutional democracy Author(s):FLECK, Zoltán; KOVÁCS, Ágnes; KÖRTVÉLYESI, Zsolt; MÉSZÁROS, Gábor
; POLYÁK, GáborDate:2022Type:Working PaperSeries/Number:MTA Law Working Papers; 2022/09Abstract:This paper reviews the changes that relate to institutions that play a central role in maintaining a functioning democracy. The chapters document how these institutions and areas where, one by one, transformed to undermine ...


Title:The Hungarian constitutional court and the abusive constitutionalism Author(s):CHRONOWSKI, Nóra; KOVÁCS, Ágnes; KÖRTVÉLYESI, Zsolt; MÉSZÁROS, Gábor
Date:2022Type:Working PaperSeries/Number:MTA Law Working Papers; 2022/07Abstract:As part of the paper series on the rule of law backsliding in Hungary in the past decade this article focuses on the role of the Constitutional Court, and explains the constitutional developments in Hungary, in the first ...


Title:The European Court of Justice shaping the right to be heard for asylum seekers, returnees, and visa applicants : an exercise in judicial diplomacy Author(s):MORARU, Madalina Bianca
Date:2022Citation:
- European journal of legal studies, 2022, Vol. 14, No. SI, pp. 21-61
Type:ArticleAbstract:This article analyses a decade of jurisprudence of the Court of Justice of the European Union (CJEU, the Court) to show how the Court has shaped asylum seekers' and immigrants' right to be heard and to determine the added ...


Title:Legitimacy and rationality in national and international law-making Author(s):DELLAVALLE, SergioDate:2022Type:Working PaperSeries/Number:EUI AEL; 2022/09; European Society of International Law (ESIL) PapersAbstract:The assertion that the legitimacy of law-making in international law depends on its rationality means more than just maintaining that the rules on the basis of which international norms are created have their own logic. ...
Title:The growing but uneven role of European courts in (im)migration governance : a comparative perspective Author(s):FEDERICO, Veronica; MORARU, Madalina Bianca
; PANNIA, PaolaDate:2022Citation:
- European journal of legal studies, 2022, Vol. 14, No SI, pp. 1-20
Type:ArticleAbstract:The context in which European and domestic courts adjudicate migrants' rights has never been more complicated than it has been in recent years. A socio-political reality of sequential crises (economic, refugee, rule of law ...

