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Cross-Border Mergers and Acquisitions in Light of the European Legal Framework
1-12Views:240This paper will discuss the role that Mergers and Acquisitions play in the global economy. It will deliberate on the challenges, benefits and issues of the implementation of these transactions in terms of legality, society and culture. It also contains an empirical enquiry that investigates the application of Mergers and Acquisitions in the presence of different social and cultural working environments. It also demonstrates attempts of entering into such transactions with incorrect intentions such as domination and the negative outcomes of such approach.
Throughout this work, I will investigate the legal instruments governing these types of transactions in different areas of the world, specifically the European Union. It will touch on the legal instruments governing Mergers and Acquisitions in the European Union and will challenge the applicability of the fundamental freedoms of the European Union in light of the cross-border Mergers and Acquisitions directives. The paper will challenge the European Court of Justice’s approach to the Freedom of Establishment and the application of cross-border M&As.
Finally, a clear demonstrateion of the fallbacks of the provisions of the Cross-Border Mergers Directives is provided as well as challenging the European legislature’s choices in drafting said directives. Unusual discrepancies between the directives and the fundamental freedoms of the European Union are shown, however these two which must always be in line with one another.
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The Aftermath of the C-149/15 ECJ Judgment on the Liability of Online Marketplaces Misleading Consumers
47-63Views:83The Court of Justice of the European Union (CJEU), in its judgment in case C-149/15, Sabrina Wathelet v. Garage Bietheres & Fils SPRL, introduced a significant shift in the approach to the civil liability of intermediaries who facilitate the conclusion of contracts between consumers and businesses. The CJEU ruled that, under certain circumstances, a third party facilitating the transaction may be considered the seller in a sales contract between a consumer-seller and a consumer-buyer. Recent consumer protection legislation in the European Union suggests that the principles established in the judgment have laid the groundwork for holding online marketplaces, which have previously operated unchecked and engaged in fraudulent practices against consumers, civilly liable.
This paper first briefly outlines the key elements of the judgment and then examines how the European Union's Digital Services Act (hereinafter: DSA) and the new Product Liability Directive regulate the liability of service providers operating online marketplaces.
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Possibilities of workplace mediation in the European Union
1-13.Views:546The world of labor market and industrial relations is a field where conflicts and disputes are inevitable characteristics of the operation, regardless of the form of employment. Also, labor disputes appear both from an individual aspect, where the disputants are the employer and the employee, and in a collective respect, where the disputes take place between the employer(s) and the collective of the workers, typically represented by an employee organization (union) or a works council.
When a conflict or a dispute cannot be resolved through negotiation, the law offers dispute resolution mechanisms for the participants. Therefore, several legal mechanisms have been evolved in order to resolve disputes, starting from the classical form of litigation, where a court determines the end of the dispute by its judgement, and other alternative forms of dispute resolution, such as arbitration, mediation and conciliation, where the parties can reach a decision or a settlement outside of the judicial system of the state.
EU Member States have introduced various legislative rules for labor dispute resolution covering all manner of individual and collective disputes. ADR schemes are also supported by the ILO, as the ILO Recommendation No. 92 (1951) suggests that voluntary conciliation should be made available to assist in the prevention and settlement of industrial disputes between employers and workers. Within the aegis of the European Union, several instruments have emerged with the attempt to elaborate the basic principles for the operation of ADR schemes in the context of cases between businesses and consumers. The Directive 2013/11/EU on alternative dispute resolution for consumer disputes (the “ADR Directive”) and Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (the “ODR Regulation”) ensured that consumers could turn to quality alternative dispute resolution entities for all kinds of contractual disputes with traders, and established an EU-wide online platform for consumer disputes that arise from online transactions with traders.
Workplace mediation is widely and successfully utilized in the USA for solely employment purposes both in the private and the public sector. Also, in the United States is a “employment at will” doctrine prevails, that basically means – unless stipulated to the contrary by the parties – the employment relationship can be terminated with immediate effect without any justification (just cause), thus workers do not have access to legal remedies as in the EU where the statutory laws provide a broad protection against arbitrary or unjust termination. Mediation, however, provide an effective solution for employees and workers, even if situated outside the protective scope of labor law.
While the role of customer/consumer ADR and mediation is increasing throughout the whole European Union, workplace and employment mediation still constitutes a “grey zone”. In many of the legal instruments of the EU and also in several products of the national legislations, consumers and workers are treated with the same legal awareness, thus protective laws compensate their weaker position in their legal relationships, but as far as the utilization and access of dispute resolution schemes are concerned, a significant but not always reasonable differentiation can be detected. Also, while mediation is an available tool for individual employment matters, still has not been utilized considerably, and remained an instrument only to resolve mostly collective conflicts. Therefore, the aim of this paper to present various styles of mediations from a comparative perspective, to express their biggest advantages and to highlight the areas where mediation could be more suitable to use in the context of the individual disputes of the workplace.
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Latest Regulatory Developments regarding Artificial Intelligence in Hungary and the EU: The provisions of the AI Regulation entering into force and the most recent developments regarding AI in Hungary
65-88Views:136Artificial intelligence (AI) has undergone rapid development over the past decades, even accelerating in the past few years. The European Union is trying to respond to the technology’s regulatory challenges with the AI Act, and Hungary is trying to respond to it through legislation, related to the act. The article reviews the interpretation of AI in the EU and Hungary, the differences in the definition accepted between the two and the circumstances of definition, especially between generative models, general-purpose and general AI. The article presents the most important provisions the gradual entry into force of the AI Regulation at the writing of the article, with special regard to prohibited AI practices and the regulations on general-purpose AI models. In addition, also due to its timeliness, it presents and analyses the EU-level institutional system of the AI Regulation, and the planned domestic organizations related to it and complementing it, building on the available forms of the new Hungarian AI Strategy (MIS 2.0). The aim of the article is to provide the reader with an insight into the regulatory efforts of the EU and Hungary AI, with a special focus on the legislator's responses to the social and economic issues of technology.
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Enforcement options in case of abuse of unilateral power in the field of working time
101-125Views:219Apart from the aforementioned provisions of Act CXVI of 2018 amending the Labour Code's rules on working time, nowhere in our current legislation is there a meaningful request for employee consent on the subject of working time, which - even if an employer's ultima ratio is maintained - would be extremely beneficial, in our view, not only from a fundamental rights and social, but also from an economic-efficiency perspective. The fulfilment of the aforementioned obligation to harmonise EU law would also undoubtedly bring benefits in this area. However, it should be noted that European Union legislation does not provide a satisfactory solution to these problems either, as it does not itself contain sufficient legislative provisions to involve the employee side in decisions on working time/working patterns. In our view, the only solution would be a domestic legislative reform that would provide a solution to all the problems identified in our study in line with EU law, but with its own solutions.
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Consumer insolvency in the European Union
153-163Views:230Almost all modern civil legal systems respect property rights as a privileged and fundamental right, which means the property rights of individuals cannot be restricted or taken away without due process of law. In the case of insolvency proceedings, the person's right to property is violated, as the debtor is deprived of this right, at least partially. In such situations, the property rights of the debtor and the creditor are strained against each other, even to such level that the debtor's livelihood and alimentation is threatened by the satisfaction of the creditor's demands. During insolvency proceedings, we should restore the property rights relationship that was broken on the part of the creditor as a result of the debtor's behavior at the expense of the debtor's assets, ensuring that the debtor's interests are also protected, and that the proceedings take into account the interests of both parties. National lawmakers should, therefore, take several aspects into account to create the material and procedural legislation on the basis of which property of private individuals can also be subject to insolvency proceedings. Lawmakers should act in an environment where, due to the impact of globalization, it is no longer evident that the debtor and the creditor are citizens of the same country. This is the reason it is also important to examine how the European Union regulates insolvency proceedings in the case of consumer over-indebtedness in a manner that crosses national borders and still remains inside the Union.
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The Digital Services Act and the European Media Freedom Act: widening scope, increasing depth - the changing European media in a changing European Union
1-19Views:99Digital services, the European digital single market and European media regulation are far from being conflict-free from an economic point of view, easily contested from a regulatory angle and are even considered areas that could decide national elections from a political point of view. At the same time, the media (content) market is a multi-faceted economic sector with identifiable and conventional market failures, is constantly changing and matters of fundamental rights often distort perhaps straightforward economic considerations.
Accelerated technological developments in recent years have incentivised a regulatory framework in the EU and its Member States that is both disciplined and responsive. The EU’s Digital Services Act (DSA) and the European Media Freedom Act (EMFA) represent this: together, depending on and referring to each other. Despite their obvious similarities, an analysis of these legislation from a media-centric approach has not yet been undertaken. The present study aims to fill this gap: we analyse how the regulations are interlinked.
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Az Európai Unió környezetvédelmi jogának alapelemei, különös tekintettel az uniós zajvédelmi szabályozásra
52-60Views:158Without abstract
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Az extraterritoriális joghatóság az Egyesült Államok és az Európai Unió versenyjogában
Views:75Without abstract.
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Tisztességtelen kereskedelmi gyakorlatok az Európai Unió egyes tagállamaiban
42-50Views:151Without abstract
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A pénzügyi fogyazstóvédelmi szabályok aktuális változásai az Európai Unió jogalkotási folyamatainak tükrében
Views:137Without abstract.
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Az áldozatsegítés megvalósulási formái az Európai Unió egyes tagállamaiban
Views:107Without abstract.
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Az egyenlő vagy egyenlő értékűként elismert munkáért egyenlő bért elv fejlődése az Európai Unió Bíróságának esetjogában
66-73Views:132Without abstract
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Sustainability issues in local public transport
49-70Views:161Looking at the literature, it appears that most of it focuses on the greenhouse gas emissions of transport, i.e. its environmental sustainability. However, little is said about the economic - and even less about the social - sustainability of transport. It is better to look at the broader concept of sustainability in order to take into account the opportunities, problems and sustainable solutions of the transport sector in a complex way.
For sustainable transport to be achieved, it is important that people use local public transport instead of private cars, but as long as its design and organisation - mostly due to political sensitivity - does not take into account the complex sustainability aspects of journey times, accessibility, safety, affordable prices and the perception of public transport, efforts will not achieve the desired goals.
The study does not aim to provide a comprehensive view of sustainability, but only to shed light on some aspects of sustainability in the field of public transport through an analysis of national and international literature.
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The App is my Boss – National and EU Perspectives in Light of the New Platform Directive and Case Law
115-148Views:66This study attempts to examine the challenges generated by the so-called platform work, which has gained significant traction in the labour markets of Hungary and the European Union in recent years, primarily from a labour law perspective and, to a lesser extent, from a social law viewpoint.
The first part of the analysis explores the background of the platform economy's expansion, followed by a discussion of the conceptual aspects and key factors of the platform economy.
In the second part, the study addresses the labour law issues arising from this phenomenon from both national and EU perspectives. Finally, in light of the analysis of domestic and European Union case law, it offers de lege ferenda proposals to help resolve the emerging dissonances.
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Validation of the claim for paid leave
127-152Views:209The study covers the most important rules regarding leave, with the aim of helping employees and employers deepen their knowledge of how to grant leave. In this context, the study covers what should be done with leave not granted until the end of the year, whether the economic interest of the employer can justify its interruption, whether and when it can be redeemed for money, and how long the request in this direction can be asserted, i.e. when it occurs the statute of limitations. Furthermore, it covers what the solution is in the event of the termination of the employment relationship, when the employee has taken less or even more leave than he or she would have been entitled to in proportion to the time, focusing on who needs to prove what to successfully enforce the claim, and what is the importance of it the employer's registration obligation. In addition to the European Union and domestic regulation of freedom, the study included some guiding decisions of the Court of Justice of the European Union and the Curia, on the basis of which the conclusion can be drawn that the courts try to give the correct interpretation of the legislation in the individual cases that come before them, which are precedents due to their nature, they are also binding in other matters.
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Europäisches Verbrauchervertragsrecht: gemeinsame Fundamente
Views:322Der Verbraucherschutz korrigiert durch die rechtliche Regelung, durch Ausbau eines interdisziplinieren Rechtsinstrumentsystems versichert es Rechtsschutz für die Verbraucher in schwächerer Position. Durch rechtlichen Instrumenten wird die optimale Gleichgewichtslage wiederherstellt, demnoch werden die optimalen Verhältnisse geschafft, unter denen die Verbraucher freie Kaufsentscheidungen treffen können und nach eigenen Bedürfnissen „konsumieren” können. Die modernen Rechtsysteme haben als eigenes das ideale Leitbild des Schutzes der schwächeren Partei, diesbezüglich der Schutz vom hohen Niveau der Verbraucherinteressen kann als dritte Generation der Menschenrechte begriffen werden. Also der Verbraucherschutz wurde inzwischen die Sicherung für Lebensniveau der Europabürger und dient neulich auch als Mittel erneuerter Impulze für europäische Wirtschaft zu geben.
Ziel dieses Artikels ist zu untersuchen, ob irgendwelche Harmonisierung in Rahmen einer Rahmenrichtlinie oder Vereinheitlichung der Verbraucherrechte in Europa eigentlich verwirklich werden könnte. Vor den Feststellungen der endgültigen Konklusionen müssen wir genau anschauen ob die europäischen Verbraucherregelungen gemeinsame Wurzeln oder gemensame Instrumente verfügen. Diesmal dient es als Kerngebiet meiner Forschung.
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Some current practical issues on preventive restraining orders in cases of intimate partner violence
115-137Views:391Act no. LXXII of 2009 on restraint at a distance for the purpose of violence between relatives (Act on Restraining Orders) has been amended a total of eight times since its entry into force on 1 October 2009. Some of the amendments were made to remedy shortcomings in practice, while others were made to comply with EU law. In the light of the almost one and a half decade that has passed since the entry into force of the Act, it is appropriate to review how, beyond the amendments, the practice of applying this Act has evolved. The present paper aims to briefly describe the judicial practice of preventive restraint, mainly in the Curia, and to discuss the key elements in the assessment of the concept of violence between relatives, the findings of the courts, in particular the Curia, in the context of restraint and parental custody and the use of the home, and the applicability of the Criminal Code.