Keresés

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Keresési eredmények

  • Az Endorois ügy, egy hosszú út eredménye – avagy az afrikai emberi jogvédelmi mechanizmus joggyakorlata és az őslakos népek jogainak védelme
    Megtekintések száma:
    227

    The aim of the current article is to analyse the protection of indigenous peoples’ rights offered by the African human rights mechanism by introducing the Endorois Welfare Council vs. Kenya case[1] (hereafter: Endorois case). The author briefly introduces the preliminaries of the Endorois case, namely how the African mechanism was established and in doing so, he refers to the achievements of the African Commission on Human and Peoples’ Rights (hereafter: Commission) in the field of protecting the rights of the African indigenous peoples, also touching upon the critiques regarding its functioning. Then he briefly introduces why the Ogoni case[2]can be regarded as a milestone concerning the rights of indigenous peoples on the African Continent. In the second part, the author focuses on the Endorois case and analyses it in detail: he introduces both the matters of fact and the legal issues; furthermore he pays attention to the implementation of the decision. Finally, in the third part of the article, the author draws his conclusions based on the above mentioned and makes his recommendations.

    The author has the opinion that the African mechanism has followed in the footsteps of the Inter-American System and has interpreted the already existing substantial norms in an evolutiv manner, thus achieving tremendous results in the acknowledgement and protection of indigenous rights. They did so with such success that now the “master” – namely the Inter-American Commission on Human Rights – is quoting the student. It follows from the above mentioned that – according to the firm opinion of the author – the African mechanism worth the attention both present time, both in the future, because new trends regarding indigenous rights could arise from the practice of the African Commission.

  • A javítóintézeti nevelés
    Megtekintések száma:
    95

    Absztrakt nélkül.

  • Az előtársaságról – újólag
    Megtekintések száma:
    110

    Absztrakt nélkül.

  • A biotechnikai találmányok hazai és nemzetközi jogi szabályozásának sajátosságai
    Megtekintések száma:
    139

    In my study I say about that change, which became at the area of biotechnology. The revolution of DNS technology contain a lot of chance, but it has more danger. We need select from the modes.

    My column I checked what happens with the species the biotechnology invention flag. The first observation that the changes faster than other territories, and these changes are complex and interrelated. The post control and correction are also important. It’s got to be introducing the health nutrition compliance. The new products will not harmful for the human and animal health. The legal condition shall prescribe the human defense of human and animal body. One of the most important international convention in that question the European Union Council about the biomedicine. It said need consent of the persons concerned for the biotechnological research. Create new human species, and cloning of human beings, human body use for commercial is prohibited by this convention.

    In my opinion that need promoting the knowledge and biotechnical awareness of consumers. Must be regulated the relations between public order and public morality and biotechnical inventions. It is also necessary to ensure the patentability of biological matter. „Biological material” means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system. Inventions which concern plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant or animal variety. The discussion on the patentability of sequences or partial sequences of genes is controversial. The 98/44/EK Directive, the granting of a patent for inventions which concern such sequences or partial sequences should be subject to the same criteria of patentability as in all other areas of technology: novelty, inventive step and industrial application. Whereas the industrial application of a sequence or partial sequence must be disclosed in the patent application as filed.

    The biotechnical patent need particular importance in the legislation. The Hungarian rules are conforms to the European Union legislation. However, certain additional rules should be laid down. Have to think about the control test in the patent process. The expert can see the applicability just on the test.

  • „Kormányablakok a kirakatban” Az integrált ügyintézési pontok hazai fejlődésének legfontosabb állomásai
    75-83
    Megtekintések száma:
    228

    The ever-increasing pace of development, experienced in all aspects of life, has become a major factor of our times. Public administration is no exception to this tendency. I have chosen the government windows (and other miscellaneous administrative bodies operating alongside them) established in the past five years as the topic of my study exactly because of this – their development is expected to remain unbroken in the future as well. During my research, I paid special attention to past and current legal changes, aiming to provide a comprehensive view on the establishment, operation, and evolution of the integrated administration points in Hungary. My study also covers the current state and the expected developments of domestic e-Administration solutions. Finally, I also offer some conclusions and recommendations regarding the large-scale deployment of the planned single-window administrative system.

  • Kártérítési jog Németországban
    Megtekintések száma:
    149

    Absztrakt nélkül.

  • Néhány észrevétel a pénzmosás tényállásához
    Megtekintések száma:
    92

    Absztrakt nélkül.

  • A büntetőeljárás nyilvánosságának jogszabályi hátterében húzódó alapjogi kollíziók feltárása, különös tekintettel az ágazati titokvédelemre
    Megtekintések száma:
    199

    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.