A soberania estatal frente ao controle migratório na união europeia: uma análise da securitização da migração no caso húngaro sob a égide do princípio da supranacionalidade

Abstract

To what extent does the securitization of migration in Hungary affront the principle of supranationality of European Community law? This research, classified as a case study, uses the deductive method, institutional documentary analysis and case law analysis to understand the effects of the securitization of migration from Hungary on compliance with EU law, with special emphasis on the principle of supranationality. The specific objectives are: (I) to understand the phenomenon of migratory networks from the point of view of human security and securitization; (II) to discuss the influence of neofunctionalism and intergovernmentalism in the history of the formation of European community law; and (III) to understand the Hungarian convictions by the CJEU on the application of the principle of supranationality. This research shows that the theory of human security influenced the creation of norms at the European regional level, while the process of securitization led to the adoption of harsher policies in Hungary. This shows that, in practice, the relativization of the supranationality pillar leads to condemnations by the European Court, which have a limited impact on resolving the problem.