A Debreceni Egyetem Állam- és Jogtudományi Karának évente kétszer megjelenő, jog- és államtudományi folyóirata. Alapítva a debreceni jogászképzés újraindításának 15. évében. Folyóiratunkat az MTA Állam- és Jogtudományi Bizottsága 2013-ban „A” kategóriába sorolta, melyet a 2023-as felülvizsgálat során is fenntartott.

Az online és nyomtatott kiadásban is megjelenő lap magyar nyelvű lapszámaiba folyamatosan lehet benyújtani a kéziratokat. Az online verzió a papír alapú lapszámtól független, így az évi két lapszámba rendezett tanulmányok megjelenésére már a lektorálást követően sor kerülhet. Határidő: folyamatos.

Szerkesztőségünk címe: profuturo@law.unideb.hu.

Vol. 13 No. 2 (2023) Current Issue

Published December 20, 2023

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Articles

  • Censorship as a Tool Against State Disinformation: Media Freedom Implications of the Russian-Ukrainian War
    Views:
    135

    Disinformation campaigns originating from Russia have been frequently debated in recent years. Disinformation also plays a major role in the Russian–Ukrainian war that started in February 2022. The issue has been on the agenda in the European Union in recent years, so it is not surprising that among the many sanctions the EU introduced against Russia, action against disinformation was also added. This paper sets out to describe the previously unprecedented ban on Russian media service providers, including the problems the provision creates for freedom of expression. In particular, it will examine the content of the Decision and the Regulation, which prohibited the distribution of the Russian media outlets concerned and the consequences of the EU legislation. It will then go on to critically analyse the provisions from the perspective of freedom of expression, and finally, the relevant judgments of the Court of Justice of the European Union.

  • Strict Liabiliy and Predictability: The Austrian Economic Analysis of Tort Law
    Views:
    92

    This article provides a critical  analysis of the main claims of the Austrian school of law and economics on tort liability. It reviews the normative claims of the Austrian school. It identifies the requirements the Austrian achool articultes towards law and which can be described in five points. According to them positive law should be (i) abstract, (ii) simple, (iii) predictable, (iv) should change incrementally, and (v) should reflect the basic informal rules, social expectations. They maintain that in the case of tort liability, a prima facie strict liability would meet these requiremes much better than the negligence rule. The article contests this claim and argues that it is not clear that the strict liability would be more predictable or better suited to informal social rules.

  • The Legal Status of Macro-prudential Authorities in the Member States of the European Union
    Views:
    80

    The study examines the main components of the organisational framework for macro-prudential management in the Member States of the European Union. The organisational design of macro-prudential management is a matter for the Member States, which can themselves be grouped into different models. The study first presents the international and EU standards and recommendations on the status of macro-prudential bodies in the Member States, then summarises the basic, theoretically relevant features of the status of macro-prudential bodies in the Member States, presents the analytical methodology of the study and finally analyses the features of the status of macro-prudential bodies in the Member States according to the methodology defined. The study concludes that there is a tendency for the EU macro-prudential body to standardise the basic elements of the status of macro-prudential bodies. However, the process of unification of the content of the institutional framework is still at an early stage and a variety of legal solutions can be identified for each of the substantive aspects. The study concludes that the institutional framework of macro-prudential policy can be described by a coordinated unification of the substantive pillars, with different formal features, but with different legal solutions.

  • Rest Periods in EU Labour Law
    Views:
    107

    The paper aims to approach the dilemmas of EU working time rules from the novel perspective of rest periods. It examines the functions and nature of rest periods in EU law, with special regard to the ECJ’s recent judgment in the MÁV-Start case (C-477/21). The analysis tackles the question whether rest periods should be regarded as a right or an obligation of the worker and visits the issue of the possible role of a separate right to disconnect. The analysis ends with some conclusions.

  • Less is Sometimes More? The Guaranteeing Role of the Scope of the Second Instance Review in the first Hungarian Code of Criminal Procedure (Act XXXIII of 1896)
    Views:
    28

    At the time of the codification of first Hungarian Code of Criminal Procedure, the legal literature regarded the limited scope of second-instance revision as a limitation of appeal in favour of the defendant, and placed it in this sense inside the procedural doctrinal system. This idea, which is quite alien to contemporary procedural thinking, which focuses on speeding up and facilitating proceedings, raises the question: what are the principles on which the limited scope of review is considered as a guarantee for the defendant? In order to answer this question, my aim in the present study is to explore the system of principles that shaped the turn-of-the-century jurisprudence concerning the legal power of the second instance to grant review.

Legal Practice

  • Collision of Judicial Opinions in the Practice of the Curia
    Views:
    75

    This article examines the 2/2022 PJE Unity Decision of the Curia from the perspective of divergent theoretical and dogmatical views expressed in minority opinions. The case study compares the dissenting opinions and the majority opinion of the judges and aims at demonstrating the fact that theoretical disagreement between judges has a huge impact on legal practice and on the issue of how judges decide cases. The hypothesis of the article is that – in hard legal cases – the reason for the differing opinions is the different theoretical convictions of judges. It seems evident that two legal practitioners, who have different views on cardinal issues of law, such as the concept or the purpose of law, interpret legal norms differently. Using the method of qualitative case analysis, the article analyses the arguments appearing in the justification of the decision.

  • The Role of the New Territorial Waste Management Authorities in the Eradication of Abandoned Waste
    Views:
    19

    In March 2021, the Government further transformed the organizational side of environmental protection and created new waste management authorities. The national and regional waste management authorities are embedded in the county government office system.  The responsibilities of the waste management authorities are multifaceted, however, implementing regulations are not available in all cases. Regional waste management authorities play a significant role in the elimination of abandoned waste. In recent years, in compliance with European Union regulations, landfills operating without a permit have been abolished. Sanctions imposed by the authorities in the case of illegally abandoned waste contribute to reducing the amount of illegally disposed waste. The new waste management authorities can promote the creation of a circular economy, but only if the legislator creates the missing legal and technical conditions.

Law & Politics

  • The Relationship Between Psychoactive Substance Users and Animals
    Views:
    29

    The purpose of the study is to present the wide-ranging relationship between psychoactive drug use and animal welfare based on a literature review. The relationship between drug users and animals is on the one hand under-researched, and on the other hand there are no developed protocols regarding the issue, even though the issue has significant human health and animal welfare effects. There is little awareness of how the positive health and psychological effects of animal keeping could be properly applied to the recovery of people suffering from addiction. There are encouraging initiatives, but there is a lack of a systemic approach to the issue from the side of academic life, professionals and the state, from the protocols, and from the training of people in the helping professions. In Hungary, both psychoactive drug consumption and animal keeping have a detailed and developed legal background, however, the mapping of their connections is still pending. While the literature focuses more on the aggressive actions that addicts may be prone to, practitioners tend to emphasize the supportive force that a companion animal can provide in recovery. In light of all of this, further studies on the subject are recommended, and it would be worthwhile to consider the systematic, more consistent and conscious integration of the use of animals at the legislative level and into some therapeutic protocols.

  • The Legal Status of Victims of Sexual Violence in International, European Union and Domestic Law
    Views:
    112

    The study describes the concept and the legal status of the victim of sexual violence in view of the fact that the definition of victim in criminal procedure law is not the same as the broader definition of victim used in criminology at domestic or international levels. The Me Too movement drew attention to a problem in 2017 that is still waiting to be solved years later: preventing and eradicating violence against women, as well as making the role of the victims during procedure and their legal options more effective. A brief, overview categorization of this legal situation shows what emerging tendencies can be discovered in the European Union’s legislative process nowadays, and based on these, what the problematic areas are in domestic law where change is needed.