法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
国内法とEU法の欧州統合に伴って生じる抵触問題 : シェンゲン協定と「在外ハンガリー人地位法」
小野 義典
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ジャーナル フリー

2004 年 40 巻 2 号 p. 115-135

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抄録
After the end of Cold War, the Central European Countries which the political situation had made the Eastern Europe wished to come back to western European society. In may 1. 2004, the Central European Countries will join to the European Union (EU). I could say that they accomplish their cherished desire. And this is not only for the Central European Countries, but also for the EU. Because the EU has the direction of "Europe's Dual Enla-rgement". But, with the Enlargement, they have some problems. This is the issue of that the domestic law may be conflict with the EU law order which are the Treaty establishing the European Community and "acquis communautaires". The matter of importance in this paper is that the domestic law which has rights and duties between the Country which makes this law and Non-EU Countries has the power of demand in reconvention. This paper reviews an issue that the domestic law may be conflict with the EU law order, when the Central European Countries join to EU. Of course Hungary is one of the above Central European Countries. Especially, this argument focuses to the issue of the EU Law order and Hungarian domestic law which is Act on Hungarians living in neighbouring states. Because this Act apply to persons declaring themselves to be of Hungarian ethnic origin who are not Hungarian citizens and who reside in Non-EU Countries the Republic of Croatia, Romania, Serbia and Montenegro or Ukraine.
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© 2004 日本法政学会
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