Search

Search Results

• Simplification of civil procedures in the European Union, the regulation of small claims procedures in particular

  Anna Nyilas

  Views:

  41

  Introduced to reduce obstacles to the free movement of goods and persons, judicial cooperation in civil matters has become part and parcel of the new European area of justice. Creation of this area is meant to simplify the existing legal environment and to reinforce citizens' feeling of being part of a common entity. The Conclusions of the Tampere European Council state in this respect that “in a genuine European Area of Justice individuals and businesses should not be prevented or discouraged from exercising their rights by the incompatibility or complexity of legal or administrative systems in the Member States.”

  At present, the judicial cooperation in civil procedures is based on the Hague Programme, adopted by the 2004 Europen Council in Bruxelles.The Hague Programme requires that the Commission should translate the Hague objectives into concrete measures. To this end, the Annex to the Communication from the Commission to the Council and the. European Parliament on the Hague Programme, consists of an Action Plan listing the main actions and measures to be taken over the next five years, including a specific set of deadlines for their presentation to the Council and the European Parliament.

  The chapter dealing with this area is named „Strengthening justice”, and it includes amongst others the following tasks:

  • Specific Programme on Judicial Cooperation in Civil and Commercial Matters (2007)
  • Support by the Union to networks of judicial organisations and institutions (continuous)
  • Creating a „European Judicial culture”
  • Evaluation of quality of justice (Communication - 2006)
  • Creation, from the existing structures, of an effective European training network for judicial authorities for both civil and criminal matters (2007)

  The European Union has set itself the objective of maintaining and developing the European Union as an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, among others, the measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market.

  The Community has among other measures already adopted Council Regulation (EC) No 1348/2000 of 29 May 2000, on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters; Council Decision 2001/470/EC of 28 May 2001, establishing a European Judicial Network in civil and commercial matters; Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004, creating a European Enforcement Order for uncontested claims; Council Directive 2002/8/EC, of 27 January 2003, to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes; Council Regulation (EC) 2201/2003, of 27 November 2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) 1347/2000; Regulation (EC) No 805/2004, of the European Parliament and of the Council of 21 April 2004, creating a European Enforcement Order for uncontested claims; Proposal for a regulation of the European Parliament and of the Council creating a European order for payment procedure; Proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure.

  The disproportionate cost of litigation for small claims has led many Member States to provide simplified procedures for claims of small value which are intended to provide access to justice at a lower cost, thus influencing one of the three factors that determine the rationales in dispute resolution. The details of these procedures have been investigated and documented in detail in studies prepared for the Commission. The evidence from these reports suggests that the costs and timescale associated with the domestic simplified measures, and thus their use and utility to claimants, varies widely. A 1995 study for the Commission found evidence of how costs of cross-border claims were significant compared to the size of most potential claims, and that these costs varied substantially between Member States. The total costs of pursuing a cross-border claim with a value of € 2.000 was found to vary, depending on the combination of Member States, from € 980 to € 6.600, with an average quoted figure of € 2.489 for a proceeding at the plaintiff’s residence. The study also showed that due to different and conflicting costing rules part of the costs have to be paid even by successful plaintiffs.

  On 20 December 2002, the Commission adopted a Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation. The Green Paper launched a consultation on measures concerning the simplification and the speeding up of small claims litigation.

  The European Small Claims Procedure is meant to simplify and speed up litigation concerning small claims, whilst reducing costs, by offering an optional tool in addition to the possibilities existing under the laws of the Member States. This Regulation should also make it simpler to obtain the recognition and enforcement of a judgment given in a European Small Claims Procedure in another Member State, including judgements which were initially of a purely domestic nature. In order to facilitate the introduction of the procedure, the claimant should commence the European Small Claims Procedure by completing a claim form and lodging it at the competent court or tribunal. In order to reduce costs and delays, documents should be served on the parties by registered letter with acknowledgment of receipt, or by any simpler means such as simple letter, fax or email. The procedure should be a written procedure, unless an oral hearing is considered necessary by the court. The parties should not be obliged to be represented by a lawyer. The court should be given the possibility to hold a hearing through an audio, video or email conference. It should also be given the possibility to determine the means of proof and the extent of the taking of evidence according to its discretion and admit the taking of evidence through telephone, written statements of witnesses, and audio, video or email conferences. The court should respect the principle of an adversarial process. In order to speed up the resolution of disputes, the judgment should be rendered within six months following the registration of the claim. In order to speed up the recovery of small claims, the judgment should be immediately enforceable notwithstanding any possible appeal and without the condition of the provision of a security. In order to reduce costs, when the unsuccessful party is a natural person and is not represented by a lawyer or another legal professional, he should not be obliged to reimburse the fees of a lawyer or another legal professional of the other party. In order to facilitate recognition and enforcement, a judgment given in a Member State in a European Small Claims Procedure should be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition. Since the objectives of the action to be taken namely the establishment of a procedure to simplify and speed up litigation concerning small claims, and reduce costs, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article this Regulation does not go beyond what is necessary to achieve those objectives.

  The European Council underlines the need further to enhance work on the creation of a Europe for citizens and the essential role that the setting up of a European Area for Justice will play in thisrespect. A number of measures have already been carried out. Further efforts should be made to facilitate access to justice and judicial cooperation as well as the full employment of mutual recognition. It is of particular importance that borders between countries in Europe no longer constitute an obstacle to the settlement of civil law matters or to the bringing of court proceedings and the enforcement of decisions in civil matters.

• Thoughts for emptying real estate – litigation or non-litigation procedure –

  Éva Kavecsánszki

  Views:

  162

  In many cases, owners have problems recovering their rented or arbitrarily occupied real estate. News often report difficult situations in connection with the evacuation of real estate. More instructive cases have also drawn attention to the severity of the problem. The study describes the rules for (litigation and non-litigation) court proceedings for the evacuation of real estate and does not deal with the enforcement procedures ordered by a notary.

  The possibility to initiate emptying real estate non-litigation procedure - according to Vht. 183rd-184th § - is not well known widely. According to most people, almost the only possible way to reclaim the real estate is to litigate, although the possibility of initiating the non-litigation procedure has been provided for years, provided the conditions of the law are met. Emptying of real estate in non-litigious procedure is possible in the case of real estates by arbitrarily occupied real estates, fixed-term tenancy agreemens of residential premises and other non-residential premises, as well as other types of properties specifically designated by law.

  The study presents the possible ways of carrying out the real estate evacuation, the enforcement procedure following the litigation procedure and the enforcement procedure initiated on the basis of a court non-litigation procedure, focusing primarily on proceedings commenced after 1. January 2018. The study deals with the legal background to the non-litigation and litigation procedure, the order for enforcement, the issuing, the service of an enforceable instrument, the possibilities provided by law in the event of non-execution, the short presentation of remedies. It also deals with some of the innovations introduced by law CXXX of 2016 on Civil Procedure Rules, suspension of enforcement, as well as the applicability of the eviction moratorium in each case. In the emptying of real estate, debtors often face criminal law. The most frequent criminal cases during the emptying of the real estate are presented in the study too (breach of seal, assault on a public official).

• Act on Business Advertising Activity and the protection of inherent rights under Hungarian civil law

  Tibor Kiss

  Views:

  113

  There is a significant inconsistency within the domain of enforcement of inherent rights in the Hungarian regulation. The protection of the inherent rights is based on the section 75 of Act IV of 1959 (hereinafter: „Civil Code”), which provides that inherent rights shall be observed by everyone and inherent rights are protected by law.

  The lack of consistency can be led back to the difference between the provisions of the Civil Code and Act LVIII of 1997 on Business Advertising Activity. Under Section 85 of the Civil Code inherent rights may only be enforced in person.

  There are two exceptions to the above rule laid down in the Civil Code:

  • The legal representative of an incompetent person, or the relative or conservator of a missing person whose whereabouts are unknown shall be entitled to proceed in the protection of that person's inherent rights.
  • In the case of impairment to the memory of a deceased person, the relative and/or the person having been named as the heir apparent in the will of the deceased shall be entitled to file a court action. If conduct causing defamation to a deceased person (former legal person) infringes upon the public interest, the public prosecutor shall also be entitled to enforce this inherent right.

  The Act on Business Advertising Activity provides for several general advertising prohibitions and restrictions. Under Section 4 of this act advertising may not be published if it infringes personal rights, respect for the deceased or rights related to the protection of personal data. Under Section 16 of this act advertising control proceedings may be initiated upon request or ex officio. Based on the regulation of the Act on Business Advertising Activity advertising control proceedings may be requested by any person whose rights or rightful interests, or legal status is injured by violation of any provisions relating to commercial advertising activity. If the aggrieved consumer cannot be identified, or if enforcement of the claims is inappropriate considering the number of consumers injured, administrative agencies or non-governmental organizations providing for consumer interests shall also be entitled to initiate proceedings.

  When the regulations of the Civil Code on enforcement of inherent rights are compared with that of the Act on Business Advertising Activity, it can be established that provisions of the latter act are not in compliance with the provisions of the Civil Code. On the basis of the decision No. 1270/B/1997 of the Hungarian Constitutional Court, the inconsistency is not significant, the different regulatory of the mentioned acts is not unconstitutional. I take the view that in order to achieve consistent regulation the Act on Business Advertising Activity should be modified by prohibiting the advertising control proceedings initiated ex officio in relation to the advertisings which infringe personal rights.

• The comparison of the civil law liability for the actions of courts and the civil law liability of attorneys in view of the standard of attributability

  128-148.

  Zsolt Zsurzsa

  Views:

  151

  It is a basic requirement of society that those who are infringed upon in exercising their rights, may enforce the sanctions of the infringement in a judicial process. This process is mainly executed by state courts in most legal systems, which are supposed to settle legal disputes by interpreting the relevant laws, and by taking the relevant case law into consideration. However, this is a complex process that requires professional legal knowledge from the parties. Attorneys are meant to be those professionals, who help people seeking justice to obtain their respective compensation, and also with other problems requiring legal expertise. The attorneys shall also execute this ask to the best of their knowledge. In some cases, however, this legal enforcement process may fail, which may result in the person seeking legal advice or compensation to lose its opportunity to pursue its claim permanently.
  This case might happen as a result of the actions or omissions of courts, or that of attorneys. In these cases, it is logical that the liability of these two actors of justice for the parties’ damages may be decided upon by assessing the quality of work that has led to a person suffering material damages. It would be easy to assume that the standard for the reasonable conduct for both actors is very high. However, apparently the standard for the reasonable conduct of courts seems to be a lot lower than that of attorneys in the judicial practice. In practice, only in case of the most severe infringements of courts may the injured parties receive compensation for damages, while a lot less severe infringement – or even quite the same infringements – may result in the attribution of the attorney’s liability.
  I intend to analyze this difference in the civil liability of the two actors in the light of the legal background, legal practice and the different tasks of courts and attorneys as well as the reasons of this phenomenon, and form an opinion on whether it can be justified or this practice should be discouraged. To do so, I analyze the relevant Hungarian judicial practice and legal science, and cite some foreign examples as well.

• Thoughts about the latest modification of the Hungarian Act on Copyright

  Tibor Kiss

  Views:

  103

  The Act LXXVI of 1999 on Copyright was amended by the Act CVLV of 2005 with effect of 15 April 2006 in compliance with the provisions of the Directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights (hereinafter: “Enforcement-Directive”). The Enforcement-Directive concerns the measures necessary to ensure the enforcement of intellectual property rights (copyrights, patent, trade marks, etc.). The Member States of the European Union had to provide for the proportionate measures and procedures needed to ensure the enforcement of intellectual property rights covered by the Enforcement-Directive. The amended and supplement provisions of the Hungarian Act on Copyright provide efficient shelter for the authors from the infringement of copyright law on the one hand and provide legal (procedural) guarantees for the potential infringers on the other hand.

  There are some new provisions which can be applied against the infringers not only by final judgment but also as provisional and precautionary measures. When a judicial decision has been taken finding an infringement of copyright or neighbouring right, the judicial authorities may serve the infringer with an injunction aimed at prohibiting the continuation of the infringement. The judicial authorities can serve the alleged infringer, or the intermediary whose services are being used by a third party to infringe a right, with an interlocutory injunction intended to prevent any impending infringement of copyright or neighbouring right, or to forbid the continuation of the alleged infringements of copyright or neighbouring right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of right holder. The judicial authorities can be empowered to require the applicant to provide any reasonably available evidence to their satisfaction with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or, that such infringement is imminent. The judicial authorities may order the publication or seizure of bank, financial or commercial documents. The judicial authorities may order the recall, at the infringer’s expense in appropriate cases, of the goods which have been found to infringe copyright or neighbouring right and may order that the goods which have been found to infringe the right, as well as the materials and implements used primarily for the creation or the manufacture of the goods in question, be disposed of outside the channels of commerce, without any compensation being due.  It can be also ordered, that the decision be displayed and published in full or in part in the newspapers or in the internet designated by the right holder.

  The most efficient protection against the usurpation can be satisfied by the parallel regulation of the civil and criminal law. The next steps to be done by the European Union are the criminal law provisions. Besides the regulations, consistent jurisdiction is necessary, in which the courts should play an important role.

• Texas Shoot-out and other security clauses in the Syndicate (Shareholders) Agreement

  118-129

  Gergely Szabó

  Views:

  71

  The shareholders agreement is considered a typical contract. This agreement is concluded by and between the members of the company in order to establish the rules of the cooperation among them, their behaviour towards and expectations from each other in connection with the company.

  The agreement is often used in the practice, since its flexible construction enables to rule various types of transaction. For example, in Hungary there is a growing tendency i.e.the major investments and joint venture agreements are being established in the frame of a shareholders’ agreement.

  On the other hand, drafting such a contract is a complex procedure. This type of agreement is not governed by specific law, therefore the general rules of the contract law may be linefore. Furthermore the shareholders’ agreement is located at the borderline between the civil and company law, and in a given case it might be complicated to enforce the provisions of the agreement. For example, if the member breaches the voting provision outlined in the shareholders’ agreement, then the resolution passed upon the contract breach cannot be challenged.

  Due to lack of a specific law, the practice created the adequate legal securities to ensure the enforcement of the cooperation structure outlined in the shareholders’ agreement.

  As the first analysed security, the purpose of the buy-out clauses (Russian Roulette, Texas Shoot-out, Dutch Auction, Put-Option, Call-Option) is to ensure the company’s permanent operation, if there is an insoluble dispute among the members, which obstructs the decision making, and consequently the operation of the company, as well. The concept of the buy-out clause is to settle the dispute in the way of taking over the participation of the involved member by another member.

  The exit clauses (Drag Along, Carry Along) aimed to encumber or to unburden the step out from the company. The entitled person is able to sell the shares of the remaining members to the buyer, or to oblige the seller to sell his own and the entitled person’s participations jointly to the buyer.

  The takeover clauses’ (Control Flip Over, Swiss Clause) duty is to enable the enforcement of the corporate legal obligations outlined in the agreement. If a member fails to fulfil his obligations, the entitled person may acquire his participation, which will enable him to pass the necessary resolution in the members meeting (general meeting). After the voting, the “seller” is entitled to buy back his participation at the same price.

  If the members want to exclude acquiring participation by third persons in the company without their approval, there are adequate securities to be specified in the shareholders’ agreement (for example the right of first refusal, option right).

  By the specific type of shareholders’ agreement the creditor makes investments in the company and becomes member in order to secure the transaction. If the company or the original owners of the company breach the contract, they will be held individually liable till the limit of the investmented amount.

  The shareholders’ agreement is an efficient option to rule major transactions, and with the help of the securities described in this study, the investor could feel his money in safe. On the other hand, there are still a lot of questions to be answered. For example the compliance of these securities with the strict provisions of the law. It is the duty of the practice to reveal the answers.

• The role of interest in civil processes

  42-46

  Tibor Kiss

  Views:

  282

  The study reviews the enforcement of various interest-related claims in civil litigation and their special litigation rules, emphasizing that there are few specific norms in the Code of Civil Procedure from a procedural point of view compared to the enforcement of pecuniary claims. The study compares the interest provisions of the Act III. of 1952 and the Act CXXX of 2016, and seeks to provide adequate answers to enforcement issues arising from regulatory gaps. The article states that the law generally sets out some specific procedural provisions for contributions to be enforced together with the principal claim, which are also subject to interest as a contribution to the principal claim. The number of purely interest-specific provisions in our current law is negligible. The analysis covers the following specific legal provisions concerning interest: the amount in dispute, appeal against the interest provisions of the judgment at first instance, the admissibility at second instance of an increase of the claim for payment of interest, the admissibility of an application for review only of the provisions of a final judgment concerning interest. The study evaluates trends in court practice through analysis of ad hoc court decisions. The author states that uniform and coherent case law is in the best interests of the claimants based on clear legal provisions.

• Claims for legal fees not recoverable in probate and enforcement proceedings

  23-47

  Tibor Kiss

  Views:

  41

  In practice, we often encounter cases where the court in charge does not recognise the legal representation provided during the non-litigation proceedings at the stage of the judicial remedy as a service that can be remunerated with attorney's fees and takes the position that the party is obliged to bear the costs incurred in this respect and cannot pass them on to the opposing party. The paper explores these anomalies in the context of the judicial remedies in relation to the notarial probate proceedings and enforcement proceedings by bailiffs as civil non-contentious proceedings, focusing on judicial practice. The author's aim is to explore whether the current approach of the judiciary is in line with the relevant existing legal provisions or whether there is a misinterpretation of the law.

• Impeachment of Heads of State in International Criminal Law

  40-52

  Nikolett Papp

  Views:

  66

  Recent years the legal position of Heads of State and other very senior State representatives has received considerable attention from national and international courts, writers and practitioners. It is often said that the establishment of the ad hoc tribunals and the International Criminal Court, reflects a growing belief that the heads of State should be held accountable for serious violations of international humanitarian and human rights law. It has been argued that international law is now the stage where immunity should no longer apply in relation to serious international crimes. By contrast, others have emphasized the political and practical difficulties inherent in allowing national courts to serve as a tool for the transnational enforcement of penalties or damages for crimes committed abroad by the leaders and officials of foreign States. The resulting controversy has led the International Law Commission to include the topic ‘Immunity of State officials from Foreign Criminal Jurisdictions’ in its work programme.

  In my study I present the development of status of the Heads of State in international law, especially the criminal liability in the XX-XXI. Centuries. In this study I exhibit the development of the legal status of the heads of State and the actual questions in international law related to the criminal liability of heads of State and other senior State officials.

• Unilateral determination of working time in the effective regulations of labor law

  63-80

  Szabó Mercédesz

  Views:

  258

  In most cases, law does not differentiate between various people in equal-level positions of a contract; during sales, the State has the same rights and obligations as the contracting private person.  Labor law is a specific field of law where one of the parties that are theoretically on equal level – i.e. the employee – is actually in a somewhat subordinated and obviously more exposed position. In the light of the foregoing, it is especially notable that there are some fields of labor right where the third way applies; parties are not equally positioned in terms of power; however, it is not the employee who gets legal assistance for the equality of opportunities, but the law itself supports their disadvantaged position.  Such situation is called the legal situation of unilateral power, and we aim to study to what extent it is present in Hungarian labor law and how advantageous or disadvantageous this it to the parties.  The field of law where one is likely to detect the traces of unilateral power is the legal regulation related to working time, which, therefore, is the subject of this study, and the definition of working time will hereinafter be looked into from the aspect of the employer’s unilateral right to establish employment. Unilateral power is basically not typical to be enforced in labor law, and therefore, working time-related regulations – that belong to the employer’s own discretion – form an exception in such respect. At the same time, the option of flexible work order provides an exception from the superiority of unilateral power, and therefore it is actually an exception to the exception. Such complex system, however, provides the option to make sure whether the enforcement of unilateral power is constructive in labor law, or it would be more reasonable to apply a more balanced system such as the principle of the employer’s ultima ratio as suggested by Guy Davidov. While noting that according to those described above, flexible work order poses some potential risks, too, in our opinion, it would be more efficient and social to set up a consensus-based system, which would also allow us to satisfy our obligation of European Union legal harmonization. Hungarian legislation, and labor law legislation in particular has numerous tasks to do in order to promote the solution of socio-economic problems, as well as to fulfill our obligations related to legal harmonization; in our opinion, the conclusions above confirm that making working time regulations more liberal is one of the major tasks of legislation.

• The legal basis and the conduct of probate proceeding, particularly the distribution of the tasks in the proceeding and some of the possibilities of appeal

  22-31

  Fanni Ferenczi

  Views:

  128

  As the title suggest, the study intends to provide a summarized overview on the regulation of probate proceeding. The legal nature of out-of-court proceeding and the various stages of the procedure are briefly presented in this study. The procedural steprelated to the task of inventory taking and each stage of the proceeding related to the notary public are explained too. Finally, the study includes an overview of the available remedies (like the certain aspects of appeal and the possibility of retrial) and the basic rules on enforcement of inheritance claims.

• Freedom of contract’s role in the economic regulatory

  Éva Török

  Views:

  150

  The freedom of contract has an economic regulating rule, both on individual and on communal level; secures either the enforcement of the law of the self-determination of the parts, or the possibility of market participation.

  Gwartney and Lawson, elaborators of the conception of the economic freedom, said that the capstones of the economic freedom are the freedom for the decisions and for the acts of the persons, moreover the volunteering of the exchange, the freedom of the competition, the protection of the persons and their properties.

  Several indicators are available for measuring the economic freedom. One of them is the index of the Canadian Fraser Institute Economic Freedom of the World; furthermore it is one of the most respected indicators. This index investigates the rate of the economic freedom by using 42 factors grouped to five parts. These five components are the legal system and the protection of the ownership, size of the state, reliable, so stable valued money, the freedom of the foreign trade, the capital market and the regulation of the business. The last four items can be identified as the freedom of the contract.

• A general overview of the article 6 paragraph 1 of the European Convention on Human Rights based on the case law of the European Court of Human Rights

  Orsolya Rónai

  Views:

  116

  The most important human rights were firstly defined by the French Declaration from 1789. These rights are called as first generation rights, because they guarantee the most important civil and political rights of people. The states mostly act passive in order to protect them. They create acts on their protection, special mechanisms for enforcing them. We can state that every field of law is based upon them and helps protecting the human rights.

  The right to a fair trial is a first generation human right. Its regulation scheme is very complex; therefore it is a hard and a complex task to define the importance and the key functions of this right, because the laws on it are varied. Besides civil procedural law, international law, EU-law and – within national legal systems – constitutional law has also been dealing with the right to a fair trial.

  In the field of international law many international and regional treaties exist on the enforcement of procedural rights. In my paper I examined the European Convention on Human Rights (hereinafter: ECHR). The ECHR is an international treaty on the protection of human rights. It was born under the auspices of the Council of Europe in 1950, Rome. From 1959 its control mechanism is the European Court of Human Rights.

  In my paper I examined the proper interpretation and the actual application of the ECHR art. 6. par. 1based on the work of the international court.The article 6 of ECHR is about the right to a fair trial. In par. 1 the Convention gives a list of the most common features of a fair trial: (1) a fair and public hearing; (2) with a reasonable time; (3) the tribunal must be established by law and must meet with the requirements of independency and impartiality; (4) and finally the judgement shall be pronounced publicly. It enshrines the principle of the rule of law, upon which such a society is based and built.

  The first chapter deals with problem of the interpretation of the article. I tried to give the most convenient statements, which I defined upon the case law of the ECHR. After the question of interpretation is answered, the third chapter tries to give an overview of the applicability of article 6.In this section I cited many cases of the ECHR, because the Court has been developing the question of applicability in its case law. It is because it considers the Convention as a living-organism, so the article 6. needed to be interpreted again and again during these decades.

• Living fabric on a metal frame, or the possibilities of asserting the claim of the "platform worker"

  141-161

  Gergely Árpád Kiss

  Dóra Varga

  Views:

  105

  Our aim in the present research is to present the theoretical and practical problems related to platform work, focusing on their subjects and possible legal gaps and other anomalies in legislation and enforcement.

  The study is mainly based on two major pillars, in which – perhaps not in a very usual way –the old and current problem are presented, namely the classification issues related to employee status, the situation of employers, precisely the installation and enforceability of employer rights and obligations.

  It is an undeniable fact that most of the studies in this field focus primarily on employee classification. Although, for the sake of this study, we want to focus on the relationship between the parties, as the legal relationship can be interpreted and analyzed in its entirety if – in addition to mapping the circumstances of the persons performing the work – the exercise of partial rights between the platform and the employer is sufficiently examined.

• The Justice System of the returned Parts of the Country after the Second Vienna Award

  23-31.

  László Ádám Joó

  Views:

  144

  The reconstruction of the justice system in the eastern and Transylvanian parts of the country, which returned in 1940, is currently a barely explored area in the Hungarian constitutional history. In this study, my aim is to present through the court system the enormous task of the legislator, which was implemented eighty years ago. This topic can be included in my researches on the legal system of the area, not only from the constitutional history point of view, but also when examining the enforcement of extended private law. The judicial practice was highly influenced by the legal knowledge of judges and became frequently questionable during the period of the extension of the Hungarian private law (1941-42) and it was closely related to their legal activities prior to their appointment.

  In the present study, I follow the changes that took place between the two Romanian occupations (1918-19 and 1944) in the two parts of the country that returned at the same time, highlighting the period when the territories were ruled by the Hungarian state for four years. I use the relevant legislation, archival documents and the literature published so far. Therefore, this study was not intended to be a summary of them, but a synthesis containing new conclusions.

• Enforcement options in case of abuse of unilateral power in the field of working time

  101-125

  Szabó Mercédesz

  Marcell Sípos

  Views:

  122

  Apart 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.