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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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On the Road to Change? Attorney's Fees Not Recognised by Court Practice: Legal Loophole or Misinterpretation of the Law by the Court?
107-134Views:276Nowadays, it is generally accepted that the lawyers are an essential part of the judicial system, despite the absence of any reference to this in the constitution or other normative provisions. In a market economy, there is no question that a lawyer is remunerated for the work he performs, and that the lawyer receives this remuneration in the form of fees or reimbursement of expenses from the client who has concluded a contract of engagement with him. In the case of litigation, however, the costs incurred by the lawyer's client may be passed on to the opposing party, since, as a rule, the costs of the successful party, including the lawyer's fees, are to be paid by the unsuccessful party. This paper examines the basic legal provisions that ensure the enforcement of attorney's fees in civil court proceedings, and then presents a number of striking cases that demonstrate that the attorney's representation of his client in civil proceedings is either not compensated at all or only partially compensated in a manner recognised by the court, in the form of a formal injunction binding the opposing party. In the present paper the adequate issues related to the provision of legal representation in civil litigation are presented, on the one hand, from the procedural law and litigation efficiency aspects, on the other hand, from the contractual freedom and thirdly, from the constitutional law aspects, focusing on the judicial practice. The study describes the change in judicial practice in the spring of 2024. The author seeks an answer to the question whether the principles established by the court practice were due to a legal error, and therefore whether legislative action to eliminate the discrepancies was justified, or whether it was simply a case of an erroneous interpretation of the law by the courts before the spring of 2024, which justified only a change of approach in the court practice within the framework of the existing legal regulation, and therefore no further legislative intervention is necessary.
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Approaching Possibilities of Quasi-Judicial Functions
120-135Views:200This article is about the possibilities of Quasi-Judicial Functions. The author bound administrative jurisdiction from court law enforcement.
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Ex Ante and Ex Post Competition Law Models in the Digital Economy: A Comparative Analysis of EU and US Regulation
Views:74The rise of digitalization, network externalities, and data as novel sources of competitive advantage has fundamentally challenged traditional doctrines of competition law. Through the adoption of the Digital Markets Act (DMA) and the Digital Services Act (DSA), the European Union has established an ex ante, preventive regulatory paradigm designed, among other aims, to prevent market distortions caused by gatekeeper platforms. By contrast, the United States continues to rely primarily on ex post enforcement, precedent-based adjudication, and judicial processes in governing digital service markets. The divergence between these two models reflects deeper economic-philosophical and legal-policy differences; however, an emerging tendency toward convergence can be observed in their shared recognition of the democratic and geopolitical significance of digital markets. The evolution of competition law in recent decades has been profoundly shaped by digital corporations, which have redefined the conceptual boundaries of global market structures. A comprehensive understanding of contemporary legal practice and regulatory developments thus requires a systematic examination of the theoretical divergences, convergences, and the underlying explanatory factors shaping both regimes.
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Goodbye Exequatur Proceeding
69-83Views:260Am 10. januar 2015 begann eine neue Zeitrechnung für das Zivilprozessrecht der Europäischen Union. Die Brüssel I. Verordnung (44/2001/EG) als wichtigste rechtsquelle wurde mit einer Neufassung (1215/2012/EU) abgelöst. Die neue Verordnung schaffte die Vollstreckbarerklärung (Exequatur) als zwischen der Anerkennung ausländischer Entscheidungen und derer Vollstreckung keilendes Verfahren ab, was in der Rechtsliteratur als Paradigmenwechsel bewertet wird. Aus diesem Anlaß stellt der Verfasser eine Bilanz auf. Ihre Abhandlung befasst sich mit der rechtlichen Natur der Vollstreckbarerklärung, mit der Anwendung der Verfahrensregeln in dem ungarischen Rechtsverkehr und widmet ein Kapitel den Argumenten und Gegenargumenten in Bezug auf die Abschaffung der Vollstreckbarerklärung.
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The relationship between distraint in real estate and real estate registration – with special regard to the legal effects of registering and recording certain rights and legally significant facts
137-156Views:491The subject of the study is the realization of real estate, which is not examined in the traditional way but within the scope of the implementing law, but as a legal institution affecting several jurisdictions, focusing on the ownership of the auction buyer. In addition to the method of obtaining ownership based on the official auction, it analyzes in detail the possibilities of obtaining from the non-owner in the official auction and in the light of the judicial practice, the legal effects of registering the enforcement right and the note are taken into account.