Legal Practice

Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice

Published:
December 5, 2015
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Zaccaria, M. L. (2015). Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice. Pro Futuro, 5(2), 123-138. https://doi.org/10.26521/Profuturo/2015/2/5390
Abstract

This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.