n most cases, the employer is the only one identified as a data controller in connection with employment relationships, even though other actors of employment such as the trade unions and the works councils also process data in relation to their activities carried out based on and in compliance with the Labour Code. Even so, while the data processing of the trade union does not raise any particular questions compared to other data controllers, issues do arise in connection with the works council. Works councils undeniably process the employees’ personal data in order to carry out their activities and fulfil their tasks, though without own assets and organisation separate from the employer’s, data processing of the works council could be attributed to the employer and considered as if it was the employer’s data processing, which would settle most of the possibly arising questions such as liability for infringing data protection rules. However, after the General Data Protection Regulation (GDPR) of the EU came into force in 2018, the definition of the data controller changed and includes now so-called “other bodies” as well, even if these bodies lack legal personality. Thus, the works council itself shall be considered as data controller which means that it must execute the obligations set in data protection rules. Despite the fact that based on the GDPR rules the works council shall be considered as data controller independent from other data controllers including the employer, this fact seems to be unknown for all relevant bodies, even for the data protection authority. Possibly because the works council is still thought to be a part of the employer’s organization and thus it is not obvious that the transfer of data between the employer and the works council is limited and conditional as they are two independent data controller, obliged to guard the employee’s relevant data even from one another. Hence, it is important to emphasize that the works council itself is an independent data controller in order to ensure a high level of protection for the employees. The aim of this paper therefore is to prove that the works council is clearly an independent data controller by analysing the relevant Hungarian and EU rules

In my essay I’m trying to answer some questions in the topic of the appraisal of real property. During my work – in National Tax and Customs Administration of Hungary – I daily meet the problem that the process of appraisal is very complex activity because of many internal and external factors. It needs great attention because the appraised value influences the execution of movable and immovable property and determines the purchase price in compulsory auctions. With this in mind it effects on refundation of tax debt. It is important to note at the same time that the target of the execution is not the recovery of the debt at any cost; at least essential guaranteed procedures which protect the rights of the debtors. In the following lines I focus the operative legislation of the tax execution proceeding and I describe the concerning judicial precedent with particular attention te case law of the Supreme Court. The importance of the subject presented by some decisions of the Constitutional Court. In my opinion without exaggeration the theme is so interesting the recently changed legislation cannot be connected to it because in theory anyone can get into a life situation that execution proceeding so it is worth knowing some rules about it.

In many cases, owners have problems recovering their rented or arbitrarily occupied real estate. News often report difficult situations in connection with the evacuation of real estate. More instructive cases have also drawn attention to the severity of the problem. The study describes the rules for (litigation and non-litigation) court proceedings for the evacuation of real estate and does not deal with the enforcement procedures ordered by a notary.

The possibility to initiate emptying real estate non-litigation procedure - according to Vht. 183rd-184th § - is not well known widely. According to most people, almost the only possible way to reclaim the real estate is to litigate, although the possibility of initiating the non-litigation procedure has been provided for years, provided the conditions of the law are met. Emptying of real estate in non-litigious procedure is possible in the case of real estates by arbitrarily occupied real estates, fixed-term tenancy agreemens of residential premises and other non-residential premises, as well as other types of properties specifically designated by law.

The study presents the possible ways of carrying out the real estate evacuation, the enforcement procedure following the litigation procedure and the enforcement procedure initiated on the basis of a court non-litigation procedure, focusing primarily on proceedings commenced after 1. January 2018. The study deals with the legal background to the non-litigation and litigation procedure, the order for enforcement, the issuing, the service of an enforceable instrument, the possibilities provided by law in the event of non-execution, the short presentation of remedies. It also deals with some of the innovations introduced by law CXXX of 2016 on Civil Procedure Rules, suspension of enforcement, as well as the applicability of the eviction moratorium in each case. In the emptying of real estate, debtors often face criminal law. The most frequent criminal cases during the emptying of the real estate are presented in the study too (breach of seal, assault on a public official).

This paper addresses the downing of Malaysian Airlines flight MH-17 in 2014 from the perspective of the Chicago Convention on international civil aviation. Two issues are closely examined namely the applicability of Article 3bis on prohibiting the use of force by states against civil aircraft to the specific case and States’ obligation to close the airspace to civil aviation over conflict zones.

If the assumption of the Joint Investigation Team is correct in that flight MH-17 was shot down from a territory held by separatist groups it will be a legally challenging task to prove the necessary link to Russia requried by international law to determine state responsability for the breach of Article 3bis. The fact that the International Court of Justice has never delivered a judgement on merits concerning aerial incident cases due to the lack of jurisdiction does not advance the prospect for a reassuring conclusion of the case concerning flight MH-17 from the perspective of international aviation law.

The obligation to close the airspace by the state exercising sovereignty over the airspace over conflict zones is not spellt out explicitly in the Chicago Convention. States responsible for the airspace should however close their airspace if the airspace in question is not safe for civil aviation. The critical question remains whether the state responsible for the airspace has all the relevant information at its disposal when making the complex decision about closing the airspace. In case of a non-international armed conflict non-state actors are not obliged under the Chicago Convention to share aviation safety related information with the enemy state responsible for the airspace under international law over the conflict zone.

It is hereby proposed that binding regulations should be adopted either in the field of international air law or humanitarian law to the effect that during an armed conflict non-state actors co-operate in information sharing for the sake of guaranteeing the safety of (international) air traffic.

The right to a fair trial by an independent and impartial tribunal is a fundamental right everybody is entitled to. Through such right, transparency and publicity becomes an important guarantee of the administration of justice, in a broader sense, and as a procedural principle of different court proceedings as well. The collision between the requirements of privacy protection and transparency impose challenges on the legislator, the legal practitioners and on the judicial practice as well, from many aspects. Beyond issues of data protection, these requirements influence the publicity of the courtroom, the publicity of proceedings to the press, and the protection of personality rights.

In the general interpretation publicity is a safeguard which guarantees the indecency and impartiality of the court and it is also a significant instrument of social control. The study distinguishes between the different level of publicity in a criminal procedures such as “socially publicity”, “courtroom publicity” and “client publicity” and examines practicable problems like online-streaming during the criminal court proceeding.

In order to ensure the transparency of courts, the information stored must be provided to the parties, other authorities, and the media, taking into account applicable legal provisions.

When it comes to the operation of courts, one of the biggest problems with regard to the constitutionality of data processing is when the qualification of a particular data is changed several times in different procedural stages, and is – consequently – subject to different legal protection. Needless to say that the same data cannot be considered as both public and protected at the same time in the same procedure. However, this issue arises regularly, which is quite frankly a legal nonsense requiring an immediate and comprehensive solution.

Finally the study mentions some de lege ferenda recommendations as well.

The aim of this paper is to scrutinise the wages in the Hungarian public work programme – probably the most controversial anomaly of the Act CVI of 2011 on public work and the modification of the act on public work and other acts. Furthermore, the study analyses the effectivity of the value creation in this programme and exposes the passive sight of the public work.The paper identifies the public work programme as a hybrid contract of the Hungarian labour law and detected the social side of this kind of legal instrument of the active labour market policies. The research also focuses on Order no. 3175/2016 of the Hungarian Constitutional Court and highlights the discriminative dangers of the wages. To emphasize my opinion I set the European Pillar of Social Rights in the middle of the research and concluded that the national regulation is not even enough to create effective reintegration to the primal labour market. In my opinion, to increase the effectivity of this program, we need to use the principles of the Social Pillar and the national labour law system. The conclusion of the paper can be a possible way to highlight the value creation in the public work programme.

The technology of unmanned aerial vehicles (UAVs), which are most commonly known as ‘drones’, is one of the most rapidly developing field of modern science. That is largely owing to the fact that drones are used in more and more fields of economy, from architecture and media to agriculture and logistics, etc. According to predictions of the European Union, the drone industry may have an income of € 10 billion annually, by 2035, and could create about 100,000 workplaces as well.[2] In addition, the number of hobby drone users is also increasing quickly, with millions of registered drone users in the United States of America alone.[3]

The nature of drones, namely the fact that these devices can soar up to 30 or more metres in the air and carry out different kind of operations (including taking photographs) by an operator on the ground may cause a lot of conflicts between drone operators and people not taking part in the operation. However, these conflicts, are unlikely to be solved without legal interference, which makes it necessary for both lawmakers and organizations applying the law to prepare for these situations in order to be able to give proper answers to the problem.

In my research, I have indicated the development of drones in a historical context and also specified the classification of drones, which allowed me to outline those types that are relevant to the subject matter. I also presented the legal background of drone flight in force, on the level of the EU legislation and also gave an insight to the previous, Hungarian legislation. Then, I started to identify those legal claims that can be especially relevant on the terrain of civil law, and concluded three main claims can be named: liability for damages, infringement on personal rights (right to one’s image and, in particular) and the civil tort of trespass to land.

I analysed all of these claims separately and in connection with each other, and found interesting problems that could have huge relevance in a legal dispute before a court. I intended to support my findings and arguments with opinions from legal scientists, court decisions from Hungary and abroad, and legislative solutions from abroad. At the end of my writing, I concluded that the described problems, and the solution that is given to them, are indeed crucial, because they will most definitely affect the way people can use drones, and neither too strict, nor too loose rules are appropriate to decide upon the subject.