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  • The importance of the internationalisation in the higher education
    Views:
    141

    The internationalisation of the Hungarian higher education has a crucial role in the overall operation of the Hungarian higher educational system. The increasing presence of the international students at the Hungarian universities can alleviate the negative impact of the demographic decrease of the secondary students’ number in the country and can help the higher educational institutions to secure their needs in order to sustain their operation – mostly in an economic way.

    Several dilemmas emerge with the internationalisation of the higher education globally. One of these problems is the provision of the equal access to international higher education. If the equal access is not provided – and honestly this is the actual situation in most of the countries – than the differences in the social background of the students can have a great impact on the international education possibilities. Those students who have the possibility to study abroad can earn that much benefits during their education which is unavailable for those students who can only learn in their home countries. This tendency with respect to the cultural reproduction theory can widen the gap between the different social groups and so called social classes based on economic but not knowledge or talent differences.

    One of the most important elements and prerequisites of the successful functioning of the international higher education is the effective and suitable legal background. Hungary as a member state of the European Higher Education Area and of the European Union have several benefits from its memberships because this institutional and legal background will make the diplomas issued by Hungarian universities accepted in several countries. The international comparability of the knowledge incorporated by the Hungarian diplomas can be granted by the harmonisation of the different acts and the legal systems of the member states. The Hungarian results on this field are impressive.

    Based on these information we can analyse the importance of the international higher education in case of the labour market. One of the leading occupation tendencies in the 21st century is the internationalisation of the labour market. The companies are trying to employ the best workforce available on the labour market and the lack of suitable workforce pushes them to find the suitable employees abroad – or on the domestic universities and they have much more possibilities if international students are also studying there.

  • Enforcement of administrative organization principles in public education administration
    74-84.
    Views:
    126

    After 1990 public educational institutions were maintained and controlled by local governments. This period was the era of decentralization. I am going to examine it in a later parts of my thesis with regard to all of its advantages and disadvantages. After 2011 there was a kind of decentralization by legislation after which it had or could have had an operating role but education became state responsibilities. The state as former branch coordinator thereafter took the role of maintainer besides of its public power authority.

    There have been two crucial changes of two subsystems of administration since its formation in 1990 but mainly after 2010. These changes were partially structural, affecting state organization in several steps then those affecting central integration and the reregulation of local governments reflecting the change in the role of the state and the expansion of Neoweber state ideas and recentralisation.

    Some of these factors were generated by international effects but Hungarian principles also played a role as the hurried and faulty system of task completion was formed in local governments.

    This study analysing how partial conditions are reflected in education administration, how the administration branches followed general tendencies or somehow compared to general changes in public administration. I am also examining how successful it was to deal with these roles together and separate them at certain points.

  • Higher education autonomy debates, questions and answers from the perspective of public administration (science)
    27-48
    Views:
    63

    Although university autonomy has always been at the centre of international and Hungarian academic research, in Hungary the issue of higher education autonomy has mostly been examined in the legal literature in connection with legislative changes. Starting from 2020, several Hungarian universities have also started to change their models, which also meant a change of maintenance. These changes generated sharp social, political and legal debates, one of the central issues of which was autonomy.

    However, higher education autonomy was not only a dominant issue in the Hungarian narrative, as the debates gained new momentum when the issue was placed in an international context at the end of 2022. The justification for the unique distinction of the Hungarian system has also raised many questions in the academic literature, especially in the light of the international concept of autonomy and in comparison, with other European examples, such as the Dutch. This paper questions the justification of this distinction by analysing the international concept of autonomy and examines the Hungarian legal processes from the perspective of the management of the maintenance of autonomy and compares them with the Dutch example.

  • Financial consumer protection and financial culture
    38-48
    Views:
    189

    The global economic crisis in 2008 highlighted that there is an information assymetry between the financial service providers and consumers, furthermore given the vulnerability of the consumers there is a need for immediate actions to protect the latter. Financial consumer protection has come to the fore, which is a relatively new area of law, however by now has fought for a highly significant role for itself and its importance is growing day by day.

    Unforunately, however, the financial culture of the Hungarian population is extremely low. This carries significant risks, since citizens with lower financial literacy tend to be less active in the economic life and and they make decisions that are clearly unfavorable to them en masse, therefore the development of a financial culture is essential.

    In my opinion, financial awareness can be developed primarily through the transfer and dissemination of knowledge about financial literacy, in other words the most effective way is through education. Education should be aimed primarily at the youngest generations and the main emphasis should be on educating children, since they are extremely receptive to the acquisition of new knowledge and will have the most outstanding impact on the future. If the education of financial awareness begins at a very young age, by the time these children grow up, they will routinely make conscious financial decisions, therefore the next generation can grow up to be able to “handle money” properly. 

  • Academic freedom in the jurisprudence of the Hungarian Constitutional Court
    Views:
    44

    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.

  • Problems of globalization examining the development of local governments
    Views:
    42

    In Hungary almost every reform has its reference to the integration in the west, especially European Union. The explanation for failures is the difficulties of adjustment. The dilemma is what kind of reasons result this problem: is it a national feature or the original distress of Hungary. We can say that the root of it is the problem of following patterns. The origin of these patterns are from the western world but these patterns needed years or sometimes ages to reach the present situation. It was an organic development.

    In our modern world we can find plenty of legislative elements of globalization, unifying and harmonizing rules and institutions. Most of the international economic organizations make every effort to harmonize economic institutions, but the example of European Union shows that borders are not as simple as it seems. This harmonization and unification has to surpass it to a wider perspective (e.g. administration, public education, telecommunication or private law institutions, etc.).

    In the study I examine the development of self-governing and local governments. In Hungary over the last years – since the birth of self-governing – many changes could be found. Reforms followed reforms. According to a survey the most important fields of reforms are the following:

    • decentralization
    • privatization
    • decreasing the role of public sector
    • reform of the law for public servants
    • information technology
    • financial and budgetary management.

    Reforms of local governments are part of the globalization especially in those countries where change of the regime has happened. To reach the desired western pattern some lemmas are necessary:

    • constitutional state
    • territorialism of state
    • guaranteed financial sources
    • stability from the perspective of economy and policy.

    These foundational criterions are spread by international organizations like NAFTA, GATT, WTO, IMF, WB, OECD or EU itself. Plenty of recommendations exist on this field for administration and local governments. The Council of Europe has a basic document, the Charta of European Local Governments.

    If we examine the problem closer we can see that in spite of every recommendation or regulation, local governments are in trouble for example in Hungary. There are exact rules or principles to ensure the liberty or free space for them, but financial problems always exist.

    In the essay I analyzes the way of following patterns in typical countries and try to show how hard is to introduce a pattern from a moment to another that has prestigious past.

  • Enforceability of the civil law in connection with organ donation, the lack of legal framework
    Views:
    50

    Developments in the last centuries in the fields of pharmacy and surgery have had a beneficial effect on the treatment of various diseases and injuries. As a result these two areas have attracted the support and admiration both of the scientific world and the general public.

    The examination of the effects of taking part by human beings has become unavoidable in the healing process. This relationship is unusually complex regards scientific opportunities and fragile in respect of people’s defencelessness.

    Important legal background material is available today relating to organ transplantations. It must be recognized, however, that this legal corpus has been a long time in the making and is still taking shape even today. Although people are trying to establish suitable legal framework for medical law, there are still some weak points and „prejudices”. Nowadays it is necessary to make an attempt at reconciling medical science and law not forgetting about the fact that their approaches are different.

    Medical law is not just about damages. Informing about the topic, the rights and the possibilities, preventing the trials: all of these things are more important. First of all, this is a life-saving procedure and money can not „repair” the problem in that case. Although it sounds cliché, it is true: you can not replace the unpurchasable organ by money. On the other hand, this should be a teamwork between the donors and recipients. They have to cooperate. The „job” of the law – which tries to be objective while it makes rules- should be to consider both views.

    It is well-known that the waitinglists are very long. What is the reason? What kind of solution is able to make the waiting-time shorter? These are very serious questions but the efficient transplantation is the most important. Transplantation is one thing and surviving it is another. And top of all that there is the problem of the „tragedy of the transplantation”: it is often said that donors have no rights. Which should/ can be preferred : the right to live or the right to voluntarism?! Can you decide which system (opt-in or opt-out donation system) gives better solution?!

    Giving a right answer is not so easy. Opt-out system may increase the level of available organs but it does not mean necessarily that there will be more organs for donation with absolute certainty. That is why you can not say simply that the „donor-licence” is a bad idea. There are lot of „ingredients” you should consider: technical developments, public education and last but not least social acceptance. According to the law in the opt-out system doctors should not ask the relatives about their opinions but it is said they usually do it. Is this an efficient system?!

    In my opinion an effective „dialogue” is needed -not only between law and medical science but between the organ donation systems, too- for the sake of a „flexible” legal background which can take part actively in our everydays in the 21st century. 

  • Criminal offences that infringe on individual freedom versus restrictions imposed during the pandemic to guarantee access to education
    12-22.
    Views:
    127

    In the study we propose as follows, we will look at differences in perception between the pandemic constraints imposed by the governmenst of countries affected by the pandemic in view of managing the pandemic and society’s perception that governments have deprived citizens of their freedom by restricting their mobility and imposing restrictions with regard to travel, including in order to attend educational activities. In some cases, the communities affected by the restrictive measures have gone further, accusing governments of the crime of “Illegal Deprivation of Freedom”, which is included by the legislator in the criminal codes of countries. We consider that the accusations brought against the authorities are unfounded, exaggerated, and thoroughly wrong. We believe that they are due to communication gaps in the public domain, the differences in perception of community members in the context of changing paradigms and the insufficient legal education, which leads to confusion between illegal deprivation of freedom and limitations or restrictions. Although, in the legislation, the articles that provide for the criminal offences relevant to the matter are included in the criminal (penal) codes, for example, in the Romanian legislation in Article 205 of the Criminal Code, with the marginal name “Offences against Individual Freedom” of Title I, which bears the marginal name “Offences against the Person”, and falls within the area of ​​interest of legal sciences, we will analyze the effects in relation to the limitations and restrictions imposed by the authorities for the management of the pandemic. To this end, on the one hand we will highlight the aspects of material criminal law necessary for the legal classification of a deed as offence of illegal deprivation of freedom, in accordance with the provisions of the Criminal Codes of Romania, Hungary, Republic of Italy, Greece, and on the other hand, we will present some aspects regarding the management of the coronavirus crisis in the area of ​​education.

  • Specialities of public works in criminal law as a punishment
    Views:
    56

    In Hungary there are two types of punishments: principal punishments and supplementary punishments. I examined the labour in the public interest, which is one of the principal punishments. Judges use this punishment barely than imprisonment, fine. Difficult to use this punishment, because it needs many preliminary works. I examined the labour in the public interest’s ruling from the 1950.:II. Criminal Code of General Part to nowadays.

    In Hungary a person sentenced to labor in the public interest is obligated to perform the work defined for him in the court sentence. Only such work may be ordered as work in the public interest which the convict, in light of his health condition and education, is presumed to be capable of performing. There are many problems in rule of the labour in the public interest, for example one day of work in the public. As rule of the Criminal Code punishment shall be six hours of work, but other rule is, punishment shall be 4-8 hours of work for one day.

    Other interesting rule is, the imprisonment substituting labour in the public interest or the remaining part thereof shall be established in such a way that one day of labour in the public interest shall correspond to one day of imprisonment. In my opinion it would be better, if the imprisonment substituting labour in the public interest or the remaining part thereof shall be established in fine.

    On the other hand I suggested to use this punishment if a person younger than 18 years old. I think if a person is 16 years old, this punishment can be more effective than other punishments.

    I found many differences, and many similarities between Hungarian and international Criminal Codes, Propositions, and finally I wrote some important, new point to change the rules.

  • The adjudication of the unlawful financial service in the notarial practice and its connection to the document forgery
    10-27
    Views:
    53

    The unlawful providers destroy the trust, as well as in the lawful providers in the whole financial system. The adjudgement of the loan service by non financial providers can cause problem in the notarial practice. Namely the notary can just conclude of the frequency, for-profitnature and organization of the loan service provided by the parties statements.

    My present study gives a summary about the criminal facts and their analysis occur in the practice as well as to the notarial bench, who can be seen as non-proffessional connected to the criminal education. The article provides useful information, the reader gets an opportunity to analyse the unlawful financial service from the notarial aspect.

  • The Legal Aspects of the Hungarian Health Sectoral Wage Rise Through the Eyes of a Practising Labour Lawyer
    Views:
    106

    My essay analyses the rules of the wage-rise in the Hungarian health service system performed in two stages in 2012 and 2013. The difficulties of applying the rules and the continuous changes in the law are presented from a practical viewpoint.

    The personal and material scope of the raise in the health sector was the same circle: higher education institutions and religious institutions performing public mission that provide for in- and out-patient care. The wage-rise affected the employees having service relations with the above mentioned institutes in civil servant and commissionaire positions.

    In 2012 altogether86.000 persons benefitted from the raise (67.978 of them were directly involved in the healthcare), and 95.000 persons in 2013. The Act LXXXIV of 2003 distinguishes three groups of employees regarding the continuous and retroactive (ex post facto) raise of wages: doctors, graduates, pharmacists and health workers. In the case of these groups no uniformed wage scale exists, so different rules must be applied.

    The retroactive wager is in the case of the doctors depended on their salary, and the continuous rise was realized by a new wage scale. Other graduates and pharmacists gained a fixed rise. The retro active rise of the health workers was also fixed, the continuous wage rise was realized through a new wage scale and it depended whether their legal relation with the employer was established before or after the 1st of the July 2012.

    The complicated and frequently inaccurate regulation was corrected by the legislator, when a uniformed wage scale was directed to each group of employees in the September of 2013. A new sectoral wage scale was applied for the doctors and the health workers, and for other graduates and pharmacists the old public wage scale must be applied.

    Contrary to the uniformed regulation, there still remained legal institutions where the day/night duty, readiness, shift bonus, overtime must be specified according to the legislations in force on the 30th of June, 2012.

    Summing up, the legislator finally prevented the emigration of the highly qualified specialists by the execution of the wage rise in the last two years.