Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/259788 
Year of Publication: 
2022
Citation: 
[Editor:] Stoyanova, Vladislava [Editor:] Smet, Stijn [Title:] Migrants' Rights, Populism and Legal Resilience in Europe [ISBN:] 978-1-009-04039-6 [Publisher:] Cambridge University Press [Place:] Cambridge [Year:] 2022 [Pages:] 211-235
Publisher: 
Cambridge University Press, Cambridge
Abstract: 
This chapter locates Orbanian discourse and measures on migration in a Schmittian paradigm. The theory of Carl Schmitt helps us make sense of Hungarian constitutional developments, because Orbán has continuously concentrated on the political friend and foe to maintain a permanent ‘crisis’ situation. The chapter shows how Orbán’s authoritarian goals have determined the management of regular migration and the control of irregular migration and especially asylum. Most rules applicable during the fictitious ‘state of crisis caused by mass immigration’ in Hungary contradict EU law and breach international asylum law. The chapter argues that the ‘external constraining force’ of the EU is nevertheless relevant both in the context of migration and for the possibilities of democratic resistance. The chapter finds potential for legal resilience on the international and EU level, whereas domestically techniques of democratic resistance developed during feudalism (e.g., the tradition of free cities or ‘passive resistance’) and socialism (e.g., samizdat) can be mixed with those based on the leftovers of the rule of law regime.
Subjects: 
Hungary
Victor Orbán
Carl Schmitt
migration
crisis
emergency
authoritarian populism
democratic resistance
legal resilience
Persistent Identifier of the first edition: 
Creative Commons License: 
cc-by-nc Logo
Document Type: 
Book Part
Document Version: 
Published Version

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