Articles

• Evaluation of evidence in criminal proceedings, particular regard to digital evidence

  1-19

  András Péter Dr. Bodnár

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  It is undeniable that digital development is having an impact on all areas of life, including criminal proceedings. Today, it is hard to imagine a crime that does not leave a digital trace or does not generate digital evidence. In my study titled I seek to answer how digital evidence is evaluated in criminal proceedings. I also examine whether their assessment differs from that of traditional forms of evidence.

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• Lack of conformity in FIDIC Yellow Book - from a practical point of view

  21-46

  Sándor Boros

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  The FIDIC Books made by the International Federation of Consulting Engineers provides different contract samples for construction projects, depending on the type of the project, with the primary aim of summarising best practice and proportionate risk-sharing. FIDIC Books are considered to be the most popular contractual conditions worldwide in connection with construction projects. The Yellow Book is the second most commonly used contract sample, the essence of which is that the contractor’s obligation covers both planning and building. In case of construction contracts lack of conformity is one of the most common breach of contract, so it is of particular importance for the parties to know what warranty rights the customer can exercise and under what conditions. Warranty rights are also provided for in the Yellow Book, which is why in certain cases there is competition between the Hungarian Civil Code and the Yellow Book, which makes it difficult to draw up a contract, bearing in mind that the rules of the Yellow Book are often difficult to interpret because of their Anglo-Saxon origin. After outlining the views on the interpretation of the Yellow Book, the study will examine the relevant rules of the Hungarian Civil Code and the Yellow Book from a comparative legal point of view, with a view to identifying the cases of lack of conformity under the Yellow Book, the available warranty rights and the procedures for their exercise by the customer. At the end of each chapter, the author presents the rules of the Hungarian Civil Code and the Yellow Book in comparative tables, and concludes the study by outlining the advantages and disadvantages for both the customer and the contractor.

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• Judicial independence as an institutional safeguard of the exercise of individuals’ fundamental and procedural rights

  47-70

  Judit dr. Böröcz

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  Judicial independence is a requirement in EU law stemming from the principle of effective judicial protection referred to in Article 19 of the Treaty on the European Union (hereinafter: TEU), and from the right to an effective remedy before a court enshrined in Article 47 of the Charter of Fundamental Rights of the European Union (hereinafter: Charter). Furthermore, it forms part of the essence of the right to a fair trial (CJEU C-896/19, 51).

  This study focuses on researching judicial independence from material point of view, because it is a question whether a judge can be independent without appropriate remuneration or not, and whether the Hungarian system corresponds to the expectations of the Court of Justice of the European Union (hereinafter: CJEU) and the European Court of Human Rights (hereinafter: ECtHR), furthermore charters, reports, opinions and other documents drawn up by bodies of the Council of Europe (hereinafter: CU) or under the aegis of the United Nations (hereinafter: UN).

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• Constitutional content of freedom of expression in the criminal adjudication

  71-100

  Zoltán Dr. Gunyecz

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  The freedom of expression in democratic countries’ legal system, applied in certain branches of law, is a constitutional foundation. After the regime change, the constitutional content of freedom of expression and the aspects investigated during a criminal dispute were explained in the decisions of the Constitutional Court, which were hard to implement into the substantive law's dogmatics. The courts started to follow the instructions. The Constitutional Court either agreed or annulled the courts' substantive decisions, without engaging in legal issues. Cases and legal disputes constantly arise in legal practice, which makes the Constitutional Court's intervention essential, because the constitutional right of freedom of expression could conflict with other fundamental rights. The study aims to present the nature of the legal conflict.

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• A way out of inequality: On the reforms of directive 2023/970

  101-126

  Lilla Kenéz

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  The requirement of equal treatment and the principle of equal pay for equal work or work of equal value, which is a prominent offshoot of it, cannot be considered a negligible problem today, despite the fact that efforts to regulate it comprehensively have been on the agenda of EU legislation for decades. The principle of equal pay has been in the spotlight again in the last few years. The negative impact of the COVID-19 pandemic on the labour market has led to a renewed increase in the pay gap between men and women, with the result that pension differentials have started to creep upwards. Given that the pay gap has not yet been fully closed, the disadvantage must be addressed first, followed by measures to reduce it, then by the objective of closing the gap in the future, and then by all necessary measures to achieve this. In my study, I analyse the most relevant case law of the Court of Justice of the European Union, followed by an analysis of the innovations of the newly adopted Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. 

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• Invalidity of contractual declarations and legal declarations made electronically

  127-156

  Tibor Kiss

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  In this study, the author expands on ideas expressed in a previous paper, analyzing whether a breach of the formal requirements for legal declarations results in a non-existent contract or whether the legal consequences of invalidity should apply. The second part of the paper seeks answers to the most important questions of legal interpretation based on the Civil Code and the Act on the Digital State by presenting the latest legal provisions on written legal declarations made electronically.

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• Differences and similarities between security measures in judicial and tax enforcement proceedings

  157-184

  Aliz dr. Móricz

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  The security measure is a long-established legal instrument, which has a special place in the institutional system of enforcement proceedings. In particular, it is a restrictive measure, which can be used and applied in advance, in order to protect the interests of the obligee, to ensure the fulfilment of the obligation in question before the classical enforcement for satisfaction, and to conduct the proceedings as efficiently, uniformly and effectively as possible. The security measure restricts the property in the debtor’s (taxpayer’s) disposal to facilitate the satisfaction of a claim, but since the right to property is a constitutional fundamental right, it cannot be restricted unfoundedly, the law limits the possibility of ordering the legal institution to strict, cunjuctive conditions.

  The legal institution of security measure is enforcement’s own, regarding to that, it can be found in judicial and tax enforcement proceedings as well. Situations may arise where there are reasonable grounds to believe that the debtor (taxpayer) would, through bad faith or other transactions, withdraw his assets from his disposal, in order to prevent judicial or tax enforcement proceedings. The court ordering enforcement or the state tax authority may then use the legal instrument of security measure to limit the debtor's (taxpayer's) assets and thus ensure the fulfilment of the claim, by preventing the debtor's (taxpayer's) questionable behaviour before enforcement of satisfaction.

  This study examines the legal institution of security measures available in judicial enforcement and tax enforcement, examining and presenting these two areas of enforcement in detail using a comparative analytical method, highlighting the specificities and differences of them.

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• The Place of Family Law in the Legal System: Theoretical Foundations and European Contexts

  185-203

  Nelli Varga

  Anna Szendrői

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  Family law is an extremely complex, specialized field of law, largely based on private law but partly interwoven with elements of public law. It is indisputable that family law has its roots in private law, but family relationships are also regulated by numerous other branches of law, some of which belong to public law, or even by instruments that go beyond the scope of law. Based on all this, we may rightly ask ourselves whether family law can be considered a separate branch of law or rather a subfield of civil law with its own specific characteristics.

  This study seeks to answer this question by examining domestic and international regulatory models and dogmatic approaches. It can be stated at the outset that Anglo-Saxon countries treat family law as a separate branch of law, while according to continental practice – as is the case in Hungary – family law forms an integral part of private law, and accordingly, family law regulations – due to their private law nature – have been integrated into the text of the Civil Code.

  Despite the clear regulations, however, it cannot be ignored that, due to the continuous change and development of family law, it is increasingly losing the coherence created by civil law rules. The transformation of the traditional family model, the redefinition of the concept of family, and the increased importance of constitutional fundamental rights and personal rights are significantly changing the structure of family law and posing serious challenges for legislators and law enforcement agencies.

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• The role of personal data and data protection in platform regulations affecting market competition

  205-227

  Fanni Dr. Tóth

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  The power of online platforms was established on personal data, which the European Union first sought to curb from the perspective of protecting natural persons with the provisions of the General Data Protection Regulation (GDPR), but also aimed to include the free flow of this data among its objectives. Exploiting the uncertainties related to the application of the GDPR and its not always effective enforcement, platforms have gained such market dominance through big data management and unfair market practices that they are capable of abusing it. Therefore, the experiences of traditional competition law investigations and merger control investigations have prompted the European Union to regulate these ex ante with targeted regulations. In fact, the regulatory need to address market competition concerning the handling of personal (and non-personal) data on platforms gave rise to platform regulations, many of whose provisions have grown out of the GDPR. This study examines the role of personal data and data protection in platform regulations.

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