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• The rights and obligations of the researcher related to the inventions of the Higher Educations Institutions from the viewpoint of the Hungarian and German (Berliner and Bavarian Law)

  105-134

  Tamás István Stipkovits

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  52

  With the emergence of academic capitalism, the social purpose, functions and internal structure of higher education institutions have also changed. The reforms in the USA have led to the change of narrative in many European countries related to the question what kind of role should that higher education institutions play? Between the traditional functions of teaching and research, shall the higher education institutions take part in economic activities mainly through the exploitation of innovation generated within the higher education institution. The rights and obligations of the researcher in the relationship between higher education inventions have particular importance in order to ensure that they are exploited as effectively as possible. The present study aims to describe the rights and obligations of researchers in higher education institutions. After taking into account the specific situation and tasks of higher education institutions, the study will turn to the individual aspects of academic freedom and explain the specific rights and obligations of researchers in the field of patentable inventions produced in the course of their employment, which are different from the general rules. The study attempts to compare Hungarian and German law, thus, with regard to the German federal system, the study takes Berlin and Bavarian law as the reference point for the national legislation. The study draws conclusions as to how domestic law could help to motivate the researcher to transfer knowledge more efficiently, thereby increasing the intensity of results from the academic sphere.

• Academic freedom in the jurisprudence of the Hungarian Constitutional Court

  Petra Lea Láncos

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  58

  The change of political regime in Hungary has also brought about a democratic commitment to the constitutional guarantee of human rights and fundamental freedoms. Among other freedoms, academic freedom was redefined in positive constitutional law, and the stage for judicial interpretation was set. The Hungarian Constitutional Court has been in operation and delivering rulings for almost two decades now, also shaping the contents und guarantees of the fundamental right inherent in academic freedom. In the Court’s case law, academic freedom has been reflected upon chiefly in two aspects: first, from the viewpoint of the freedom of scientific research and the access to historic archives, bearing a great potential for the post-communist society in facing its burdensome history and dealing with past grievances and, second, as the guarantee of the autonomy of institutions of higher education, gaining relevance in the last few years in the light of the reformed Act on Higher Education. However, academic freedom has remained a neglected field of study of constitutional law scholars, and a detailed elaboration of this fundamental freedom has yet to be undertaken.The present article offers a brief insight into the jurisprudence of the Hungarian Constitutional Court related to the concept and scope of academic freedom. As an illustration, the recent case law related to the autonomy of institutions of higher education is introduced, with an attempt to sketch the judicially set guarantees and limits of this fundamental freedom.