All EU citizens are equal, only presidents are equal less? Relation between EU and international law after Sólyom dispute
Abstract
Article critically analyses understanding of relations between EU and international law by the Court of Justice of the EU, as demonstrated in dispute between Slovakia and Hungary concerning controversy with planned visit of Hungarian president Sólyom to Komarno in August 2009. Article analyses argument presented by all relevant actors that cover virtually all possible options of relations between EU and international law, in particular between EU legal regime for mobility of persons and international rules on diplomatic relations and mobility of head s of state.
Although the author agrees with conclusions by the Court of Justice in Sólyom case, he criticizes lack of predictability caused by the EU court interpretation and recommends application of the EU law that is more open to acceptance of jurisdiction of international courts in EU cases with strong element of international law.