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New Directions in Vocational and Adult Education, Especially with Regard to Current Issues in the Storage Sector
104-119Views:307The challenges of the Fourth Industrial Revolution are having an impact in many areas of life. The vocational and adult education system is no exception. In line with the changes, system-level transformations and developments are taking place in Hungary in this field, creating the basis for ensuring quality professional training. We consider the issues related to the warehousing sector to be of special relevance, as well as the examination of the possibilities that, in accordance with the new changes, offer solutions to the high-risk activities as well.
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Additional Remarks on the Question of Civil Service Law as a Branch of Law
120-133Views:693The study focuses on the relationship between civil service law and labour law. In Hungary, there have been significant changes in the last decade regarding the regulation of civil service law. The types of the civil service legal relationships have increased, the forums and procedural rules for adjudicating civil service law related disputes have changed, and the number of public employees providing public services has rapidly decreased. This is of particular importance because the existence of these branches of the law is determined by legislation as well. The study concludes that the ability of civil service law to become an independent branch of law will be determined not by 'internal' developments but by legislative ambitions.
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In Contrast: Responsibility for Environment and Regulation in Finance
128-155Views:437The more environmental policy comes into the focus of fiscal policies of governments, the more prevailing are the interests in it influencing the governance as a whole. In the context of the European Union, the governmental role of the Member States’ increased less for initiating the (often invoked) environmental protection but such an increase is rather an end in itself. The responsibility for environment seems to represent the bright side, while the reality of financial regulations shows the dark side of government priorities.
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Kelet és Nyugat között: Örményország és Szerbia az európai és eurázsiai integrációban
96-106Views:477Kelet-Európában megfigyelhető, hogy egyes államok két jelentős regionális integrációs szervezettel is kapcsolatok kiépítésére törekednek: az Európai Unióval és az Eurázsiai Gazdasági Unióval. A két szervezet bizonyos értelemben egymás versenytársa, ugyanis mindkettő igyekszik saját szervezetét vonzóvá tenni az érintett államok számára. Vannak azonban olyan kelet-európai államok, amelyek elköteleződnek amellett, hogy az egyik szervezettel mélyebb együttműködést alakítsanak ki, ugyanakkor megpróbálják a másikkal is fenntartani, sőt akár szorosabbra fűzni kapcsolataikat. Jelen tanulmány célja, hogy ezeket a folyamatokat Örményország és Szerbia példáján mutassa be.
Örményország teljes jogú tagként csatlakozott az Eurázsiai Gazdasági Unióhoz, ugyanakkor az Európai Unióval is kapcsolatokat épített ki: 2017-ben átfogó és megerősített partnerségi megállapodást kötöttek. Szerbia ezzel szemben az Európai Unió tagjelölt állama, amely már megkezdte a csatlakozási tárgyalásokat is. Emellett azonban fenntartja szoros kapcsolatait az Eurázsiai Gazdasági Unióval olyannyira, hogy egy szabadkereskedelmi megállapodásról folynak köztük a tárgyalások. Mindkét államra igaz tehát, hogy eredetileg egyértelműen elköteleződtek valamelyik regionális integrációs szervezet irányába, ugyanakkor a másik szervezettel is a kapcsolatok mélyítésére törekednek. Jelen tanulmány e kapcsolatok alakulását tekinti át, bemutatva az Eurázsiai Gazdasági Unió létrejöttét és intézményi sajátosságait is.
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Issues of Public Social Responsibility in Great Britain and Hungary
122-136Views:503Social responsibility has undergone significant development in recent years. The concept has spread into every aspect of life: personal life, the economic sphere and finally the public sector. It is proven that currently many states are struggling with various problems in the public sector. We believe that public social responsibility is one of the guidelines that is able to help, for example, in the realization of a comprehensive public administration reform. This paper examines public social responsibility in Great Britain and Hungary. Even though we have the example of the United Kingdom to follow, their way of practicing PSR may not be suitable for the rest of the European countries because of the fundamental differences in our legal systems and mindsets.
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The General Theory of the State and the Relativity of the Force of Law – Comment on the Theory of Georg Jellinek
53-72Views:312This paper makes an in-depth examination of the theory established by Georg Jellinek who – extending the perspective of the jurisprudence of state law based on legal methods – was concerned with issues of public law within the frames of general theory of the state. The author will demonstrate the claim that the special concepts of Jellinek’s general and descriptive theory – like the „presupposition of factual validity” or the idea of the „state’s self-obligation to law” – are the results of Jellinek’s idea that there were no alternatives to the institutional system of the constitutional monarchy.
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Specialities of Collective Labour Disputes
217-232Views:364We are currently living in a period when technological, economic and other changes fundamentally influence the nature of legal relationships. There is no difference in the labour law palette, as atypical employment is gaining ground in law enforcement circles. In our view, this development cannot be derived solely on substantive law, but should also be presented at the level of litigation and, where appropriate, ADR procedures. Perhaps it is somewhat ironic that it is precisely the collective labour dispute, which is not popular in Hungarian civil society litigation law, in which the emergence of innovative dispute resolution methods can be observed from time to time. Therefore, our work primarily examines the extrajudicial practice of collective dispute resolution, complemented by the solutions used in the legal systems of some countries less researched by the domestic labour law environment. Our aim is to highlight the potential of ADR methods in collective disputes and to explore new, unknown opportunities for domestic law enforcement.
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Fundamental Sources of Working Time Organisation from a Historical Perspective: Status or Contract?
39-59Views:220The concepts of status and contract are well-established and frequently used analytical categories of good explanatory power in classical and contemporary international labour law literature. Since the interpretation of these concepts varies from era to era and from author to author, recent Hungarian legal literature has paid little attention to the interpretation of legal developments along this theoretical framework, although it could serve as an effective reference point for grasping the trends of existing law. This paper attempts to apply these concepts to describe the regulatory trends in a volatile and conflictual area of law, namely working time.
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’The more speech, the better’: Review of the Book of András Koltay on New Media and Freedom of Speech
Views:440At first glance, the new book of András Koltay seems to be a translation of his recently published volume, New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere (Hart International, 2019). Therefore, one would expect that the work itself does not provide any new information to those who already know the original in English. That could not be less true. As we get to the bottom of this false impression, the review shows the many virtues and minor mistakes of the book.
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Book Review: Ződi, Zsolt: Platforms, Robots and the Law. New Regulatory Challenges in the Information Society
213-216Views:286Zsolt Ződi’s second book was published in 2018 by Gondolat Kiadó under the title Platforms, Robots and the Law and the subtitle New Regulatory Challenges in the Information Society. At first glance, the reader could expect that the book will be dealing with a variety of topics not closely associated with one another, however, we experience the exact opposite when delving into the book. Similarly to Zsolt Ződi’s first book, he dissects a very relevant subject, guiding the reader through a maze of concepts and problems that did not even exist before the 21st century. He does so in such a way that it remains comprehensible and perceptible.
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PhD Studies in Law in Hungary–Difficulties and Possibilities (Before the 9th Academic Year of Géza Marton Doctoral School of Legal Studies)
38-53Views:247In this study the authors (Gábor Kecskés as the secretary of Doctoral School of Legal Studies at István Széchenyi University and Sándor Szemesi as the secretary of Géza Marton Doctoral School of Legal Studies at Debrecen University) examine the legal framework concerning doctoral schools of legal studies in Hungary as well as the specialties (and realities) of Géza Marton Doctoral School at Debrecen University. One of the main purposes of this article is to salute the beginning of the 100th academic year at Debrecen University, additionally the article tries to introduce how doctoral schools can fulfil the continuously changing (more precisely, tightening) requirements of the Hungarian Accreditation Committee, taking into consideration the unwritten expectations as well as the general interests of the host universities and the doctoral school itself.
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Effective and Actual? Analysis of Employment-Related Directives in the Legal Practice of the Curia of Hungary Regarding the Enforcement of Workers’ Rights
193-216Views:408In view of the special nature of the employment relationship, subordination of the parties results in a weaker legal position on the employees’ side. Certain guarantees of protection are absolutely necessary to compensate for this asymmetry, thus, among other things, the effectiveness of employees’ enforcement plays a key role. This is why our research seeks to answer the question whether some crucial employment-related directives of the European Union, as well as the broader European Union legal corpus also including legal practice. Furthermore we try to find the answer to the question that, how do these legal sources appear in the domestic legal practice, primarily in the relevant judgments of the Curia of Hungary, and the extent to which these references facilitate the effective enforcement of the workers’ rights.
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The Basic Thesis of the State Theory of Győző Concha: "Theory of Constitiution"
133-160Views:440Győző Concha’s book “Politika”, published in 1895, is still relevant for the understanding of the theoretical problems in constitutional law. Thus, it is important to analyse the peculiar use of constitutional terms in his theory in order to understand his unique interpretation of the concept of the constitution and its relevance for political and legal philosophy. The methodological goal of the research is to present the meaning of the concepts used by Concha, and to highlight their functional role. It is also an important question as to how Concha’s constitutional theory was incorporated into his political philosophy, and how these concepts are interpreted in today’s political and legal terminology. It is also the paper’s aim to “translate” Concha’s vocabulary and constitutional theory into the language used in 21st century constitutional theories, and to present and evaluate the relevance of his constitutional theory in understanding the current constitutional problems of political communities.
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The Ecclesiastical Percentage(s)
62-79Views:220Church financing is a multiple system. One of its elements, introduced in 1997, consists of taxpayers’ offer which is a determined part of their personal income tax. The study examines the regulation of tax management from the perspective of taxpayers and beneficiaries. This method of financing has an important budgetary consequence, i.e. the budget completes the sum of the allocation of personal income tax for Churches to a specified extent. The study examines several contradictions with respect to the application of this financing method.
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The recruitment of Law Students and Some elements of their Image of Profession
11-37Views:312In our treatise we have undertaken to characterize the speciality of strain of law students and some elements of their image of profession. The legalists traditionally occupy a middle-class position in the modern societies. Their high state and prestige succeed also profession-order characters that frequently go hand in hand with “natality order” procurer prestige.
From the possible components of the image of profession we examined three main topics. Firstly the motives of profession-selection, secondly the patterns of finding a job, and thirdly the main expectations on legal teaching. Generally, law students and graduates also have a strong linkage to
the fact that, not only the diploma, but the profession itself has a powerful charm. The patterns of finding a job show that graduates frequently occupy lower positions, than they expected. -
The Importance of the Wage Guarantee Fund in the Framework of Labour Law Protection
177-192Views:331Act LXVI of 1994 on the Wage Guarantee Fund and the guarantee system regulated by it, is especially topical nowadays, as more and more employers in Hungary have become insolvent in connection with the crisis caused by the coronavirus epidemic. In many cases, the employers subject to the procedure are not able to meet their wage obligations to their employees, so the state must guarantee the values that can be expressed in exact monetary terms – the work performed and its financial compensation – and at the same time the social security of employees. In the present study, we examine the applicability of the Wage Guarantee Fund, which serves to cover the wages to be paid by insolvent employers, from the perspective of the social security and the enforcement of employees’ claims.
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Problems of textual empiricism
126-139Views:266In this paper the authors make some critical comments on Blutman László’s legal methodology. They argue for the claim that legal cases cannot be solved by applying the methods of natural sciences. Law is an interpretive social practice, therefore legal texts can have more than one equally justifiable interpretation which can be in conflict with each other. Correct legal decisions, especially in hard cases, are the result of resorting to the justifying principles and purposes of law and cannot be achieved by using ‘textual empiricism’ as a legal methodology.
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Digitization at Work: Expanding Horizons with Loopholes
61-80Views:891The focus of the study is on the emergence and spread of digitization in employment. In this context, the study presents the forms of work that use digitization. On the other hand, it describes the labour market effects of digitalization. The study looks in detail at how COVID-19 has changed the role of teleworking and the home office in employment. This is followed by the presentation of the Hungarian labour law regulation, which deals exclusively with telework. The study makes two proposals to address the codification gap. On the one hand, in connection with application-based work, the introduction of the status of a person with a similar legal status to an employee, which was regulated in the draft of the Labour Code. On the other hand, to impose employer obligations (retraining, job offers) in connection with the spread of automation and robotics in order to prevent dismissal.
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Legal interpretation issues regarding the status of the trade unions
79-95Views:797The unique purpose and role of trade unions is the protection of the employees’ social and economic interests. As compared to the previous concept, the applicable labour code introduced a conceptually new approach with respect to collective labour law, including the purpose of trade unions, reducing the trade unions’ rights to such a minimum level which shall be generally granted for a civil organization operating in the interest of a certain purpose. In my study, some legal interpretation questions –without the ambition to be exhaustive – that arise in practice come under analysis, which highlight in a crystal clear manner the question as to what sort of practical issues are raised and interpretation possibilities are opened by certain items of the Hungarian labour law regulation in connection with the legal status of the trade unions and the exercise of their rights.
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The Transformation of Labour Law Litigation
162-176Views:425From the outset of labor litigation, both theoreticians and practitioners have been preoccupied with the question of what specific regulation this area of law – which has essentially additional elements of private law – requires in order to ensure fair treatment and proceedings for all participants. The aim of the present study is to show how labor litigation is evolving today, outlining the phenomena that have arisen due to the new labor and civil procedure codes.
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Is the Implementation of Home Office Legally Feasible? The Criteria for Home Office and its Framework Within Employment Law
59-82Views:1740The year of 2020 was the challenge of “home office”. Although, the publicity uses the term of “home office” as the legal construction of working from home, this approach is misleading. Moreover, the Hungarian Labour Code does not contain any regulation about “home office”, while this legal source embraces two other methods in connection to work from home. These legal institutes are the teleworking and the legal relationship of outworkers. The problem with the aforementioned legal institutes is that the parties must take into account several rules and must apply these solutions regularly, on a permanent basis. However according to the legal literature, the “home office” is created by the economic and human resource management practice of the employers, where they intend to employ the workers mainly at home irregularly, on an ad-hoc basis. At the same time, “home office” does not have a legal framework in the Hungarian Labour Code, therefore the legal literature has been trying to find a real solution for this employment method in the general norms of the Labour Code. In the following article we are going to use the home office definition of the literatures and highlight the background legal institutes and concepts of this working method. Although we are going to set our opinion about which legal institute may be applicable in this sense, in the conclusion we are going to emphasise that legislation and rules regarding “home office” are indispensable.
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Groundwater protection in the light of a judgment of the Supreme Court of Hungary
178-191Views:379In the study the author analyses a judgment of the Supreme Court of Hungary, in which a progressive judicial interpretation is included concerning the obligation of fact-finding in connection with the protection of groundwaters. Before this, the author presents the legal doctrine regarding groundwater regulation. The regulation is not only drawn up on the national level, but also on the level of European Union. After the detailed presentation of the case, the author makes some conclusions.
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The Role of the Local Goverments in the Changed System of Environmental Public Administration
79-93Views:335This study investigates the transformation of environmental protection as a specialized administrative duty in Hungary, with special attention on the (changing) roles of local self-governments in this area. Following the outline of the general correlations within the topic, the study inspects several individual administrative fields, with attention given to the relationship with environmental protection policies. Our plan is to extend this analysis in the future, in hopes of covering additional specialised administrative areas as well. Our firm opinion is that the solutions provided by the sectorial approach inherent in our administrative system proved to be ineffective insolving today’s global issues. To ensure an effective environmental protection strategy, the organizations of public administration must be involved with larger roles assigned to them. Although the methods of regulation in this area are diverse, the most widespread approach proves to be the direct administrative intervention, even nowadays.
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Is This the Way Labour Law Should Protect the Employee? Review of György Kiss’s New Book
203-212Views:371Our review is about György Kiss's book, its title being Employment Flexibility and the Protection of Employee Status (A Possible Approach to Examining the Content of the Employment Relationship). The work raises the question of the future of labour law regulation, using the results and findings of the past. After describing the roots of Roman law, we can learn about the development of the current form of labour law through the development of the Germanic, Francophone and Anglo-Saxon legal systems. In addition to the historical view, the dogmatic foundations are also outlined in the work, so the content processing of the employment contract takes place on several levels before the author discusses the labour law applicability of the relational contract theory he raises. The description of all these bases makes the work suitable for those interested in labour law to better understand the contractual theories of different legal systems. We want to give an insight into this in the review, so that in addition to presenting the work, our own personal views and opinions will also appear.
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Technology in Legal Regulation’s Service? Efforts in the Field of Data Protection
33-45Views:385The interaction between technology and data protection is quite well-known and widely accepted in the legal literature concerning privacy protection. This essay tries to sum up the efforts to line up the technology itself to defend one’s privacy, often threated by technological development. The essay first shows the relevance of the Privacy Enhancing Technologies (PETs), and the basic concept of the Privacy by Design principle, and then analyses both the current and the proposed European legal regulation focusing on these issues.