Vol. 1 No. 1 (2011)

Published October 30, 2011

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Editorial

Articles

  • Advertising Bans in the Internal Market: Limits of State Competence on the Example of the Advertising Ban on Foreign Gambling in Hungary
    12-23
    Views:
    213

    Die ungarischen Werbebeschränkungen für Glücksspiel-Dienstleistungen aus anderen Mitgliedstaaten der EU sind nicht mit den Vorgaben aus dem Unionsrecht vereinbar und können daher aufgrund des Vorrangs des Unionsrechts den Werbenden nicht entgegengehalten werden, die sich auf die Freiheit der Dienstleistungserbringung nach Art. 56 AEUV berufen können. Entsprechend der ständigen Rechtsprechung des EuGH erstreckt sich die Vorrangwirkung auch auf Strafbestimmungen, die an unionsrechtswidrige Normen anknüpfen. Die Unanwendbarkeit der unionsrechtswidrigen Bestimmungen bezieht sich nicht nur auf den in einem anderen Mitgliedstaat ansässigen Dienstleistungserbringer, sondern auch auf die inländischen Werbepartner.

  • Looking for Solutions of the Hungarian Legislation of Public Procurement
    24-46
    Views:
    114

    The Hungarian public procurement law will be renewed from 1th January 2012. Because of the new Act on Public Procurement (PPA) the development of the legislation of the last years should be reviewed. What kind of problems did the legislature have to solve? How could the specificities of an adequate public procurement act be defined? How does the judicature affect the legislature? This study tries to give answers from the point of view of the judicature. It examines the results of legislation, the experiences of practice, the earlier amendments and the most essential attributes of the new PPA.

  • Municipal Waste Management and the Hungarian Model
    47-66
    Views:
    128

    There is an ongoing debate on how the role of municipalities should be changed in the local public service sector due to the financial problems present at local level. The debate is mainly related to determine the adequate level and function of local governments. The author introduces the basic elements of a model of public services that shows the relationship between the public actors (state/municipality), the service provider and the user, including how the need is determined, the service is provided, financed and the service provider is chosen. The author introduces the “Hungarian Model” and its main features: the co-existence of three different model (public, quasi private and mixed) of the waste treatment service sector differing in the relationships established among the stakeholders and in the financing system; and the right of municipalities to freely switch between them. It draws the attention to how the changes in the role of the state and the legal framework influenced the models and reshaped the relationships of the stakeholders without dealing with the consequences.

  • Actual Challenges of Delimitation of Continental Shelf on the Example of the Arctic
    67-83
    Views:
    160

    The concept of continental shelf as an inherent right to coastal State has a history of almost a hundred year but its legal status has several gaps which need to be resolved in the forseeable future. Delimitation of continental shelf between States with adjacent or opposite coasts has been a problematic issue since the elaboration of the legal concept of continental shelf but the present essay aims to highlight some other problems emerging since the first application of Article 76 of UNCLOS. These legal problems are related to the procedure of establishing of the outer limits of continental shelf beyond 200 nautical miles. The essay examines these legal problems and demonstrates the challenge caused to the Arctic continental shelf as an example.

Law & Politics

  • International and Regional Fight Against Climate Change and its Economic Impacts
    84-98
    Views:
    179

    The climate change represents one of the greatest challenges nowadays. The United Nations Framework Convention on Climate Change and the Kyoto Protocol tried to attend the problem in international level. However the Kyoto Protocol’s first commitment period will be finished in 2012 and a new international framework needs to have been negotiated and ratified that can deliver the stringent emission reductions. When it will be contracted, the European Union defends against the climate change with regional instruments, like EU Emissions Trading System (ETS). The ETS tries to manage the problem by financial method.

    The Copenhagen Accord declared that scientific view: the increase in global temperature should be below 2 degrees Celsius. The question is now, what the world and the EU should do for this goal. What is the expected global and EU emission in 2020? The EU has two kind of mitigation pledges: the 20% or 30% reduction. How EU achieves expectations and what kind of tools could help about this? The Europe­an Commission made several documents about this problem and the ways of mitigations.

  • Opportunities and Boundaries for Criminal Law in a Risk Society : Changes in the regulatory role of criminal law in a postmodern age
    99-112
    Views:
    104

    In the last few decades of the 20th century, the modernization of our world started to accelerate. This tendency means a transition to a second modernization. Risk society has posed new and previously unknown challenges for the decision makers of the world. As a result of it, criminal law, with its traditional instruments, often fails to provide the right response to the new types of criminal acts seriously threatening society. Therefore, there is a need for a change of paradigm. The task to be performed among the prevailing circumstances of risk society is to select those acts the frequency of which can still be effectively influenced by criminal law through the analysis of advantages/disadvantages and cost/benefit. Instruments different to those of criminal law are to be used against serious threats that cannot be influenced by criminal law – threats the seriousness of which are not yet known to a large extent.

Legal Practice

  • Judging Homicide Cases: Legal Rules and Practice of the Regional Court of Appeal of Debrecen
    113-130
    Views:
    95

    The Autor examined the sentencing practice of the Regional Court of Appeal of Debrecen in homicide cases. The conclusion of his paper is, based on the examination of relevant case law, that courts regard the medium of the custody range as a basis for sentencing in homicide cares. This practice is independent of the relevant requirements provided by the General Part of the Criminal Code. The author also states, according to the examination mentioned above, that a life impissonment without the possibility of parote, is only exceptionally in the recent practice.

  • A New Admissibility Criteria – the „Significant Disadvantage” in the Case-law of the European Court of Human Rights
    131-138
    Views:
    110

    Since its adoption in 1950, the Convention for the Protection of Human Rights and Fundamental Freedoms has established one of the best mechanism for the international protection of human rights. Because of the continuous increase of the European Court of Human Rights’ workload, the modification of the Court’s procedure was needed. During this reform, a new admissibility requirement is inserted in Article 35 of the Convention, which empowers the Court to declare inadmissible applications where the applicant has not suffered a significant disadvantage. This new admissibility criteria is applicable since 1 June 2010 (when Protocol No. 14. entered into force). The study examines the travaux preparatoires and the current text of the Protocol, and analyzes the case-law of the Court concerning this new criteria.

Reviews & Reports

Bibliography

  • Collection of Annotated Bibliographies (2010. Nr. 1)
    146-173
    Views:
    106

    An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the first part of the book descriptions of books published in 2010.