Keresés

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  • A szociális jogok alkotmányjogi megközelítése a hazai és nemzetközi környezetben
    12-22
    Megtekintések száma:
    20

    The aim of the study is to demonstrate how many different legal approaches are there to the judgment of social rights. This varied approach lets us view the subject in several different perspectives, shading the evolving first impression.

    During my disquisition I analyzed how effective are the tools protecting social rights, that can help us to understand and accept the legal practice of the Hungarian Constitutional Court. Doing this by not only approaching the question through legal theory, but also aiming to synthesize it with economic reasoning through a legal filter.

    This complex approach creates the opportunity for a new platform of analysis when examining individually each social right.

  • A foglalkoztatáspolitikai eszközök szabályozásának változása napjainkban
    Megtekintések száma:
    29

    The aim of the present essay is to give an overview of the means of the employment policy through the analysis and construction of the relevant statutory intruments and legal rules.

    During the treatment of the means of the employment policy this essay tooks the classification accepted by the scientific literature as a basis therefore it deals with these instruments divided into two big groups.

    Among the active types of the means of the employment policy the direct and also the indirect kinds of benefits of the jobless and unemployed are treated here.

    Among the passive types of means those instruments are presented which are to succeed the unemployment benefit and the unemployment allowance such as jobsearch benefit and jobsearch allowance.

    The definition of ‘employment policy’ is widely construed that is why this definition comprises the classical instruments of Labour Law and in a separate subsection the subsidy of the atypical legal relations of employment are also presented.

  • A mediáció lehetőségei a büntető igazságszolgáltatásban munkajogi szemmel
    Megtekintések száma:
    27

    Mediation or agreement between perpetrator and victim in criminal law is a special form of damage reparation. Contrary to the simple reparation – where is no need to have a formal contract between the parties – mediation means a meeting between the parties to make an agreement that suits to both of them.

    Development of mediation in criminal law has its roots in the birth of diversion. It was a formal legal procedure to rebuild the injured legal system and repair damages. The first programs of mediation have appeared in Canada and the United States.

    Differently from the conciliation in labour law authorities have to define guidelines about forms of procedures outside the trial, about the process and modes of harmonization to preserve the prestige of state’s power of punish.

    In the mediation process competence of making decisions are in the hand of the parties too. Parties have to order upon the agreement. This extra-jurisdictional form of agreement means that the potential victim gives up his right to accusation. This agreement frees the perpetrator from the criminal liability.

    We can say that fundamental principles of mediation are the same in any fields of law, but mediation in criminal law has the most interesting and numerable specification because of the state power.