Vol. 7 No. 2 (2017)

Published December 21, 2017

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Editorial

  • Editorial
    7-9
    Views:
    132

    In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions (annotations). In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.

Articles

  • Claims for Compensation Based on the Infringement of Regulations Applicable to Procurement Procedures
    11-30
    Views:
    144

    The study is concerned with those claims for compensation, which are based on the infringement of regulations applicable to procurement procedures. After the placing of the compensation within the public procurement remedy system, we outline those conducts, which can cause damage in the course of the public procurement procedure (e.g. contracting authority’s withdrawal from the public procurement, unlawful withdrawal of the tender, failing of contract conclusion, etc.). during the review of these cases, we heighten the differences existing between the classical civil law claims and the claims based on the infringement of public procurement rules.

  • The New Hungarian regulation of Working Time, Rest Periods and Paid Leave in the Light of the Workers’ Interests
    31-47
    Views:
    424

    The paper consists of three parts. The first part introduces the multiple changes – mostly in the favour of employers – in regulation in Hungarian labour law based on the Working Time Directive. The newest idea is also connected to these changes because the reference period may be significantly extended in Hungarian law even a longer period is planned than in the directive. In the second part I analyse the relevant regulation from a critical point of view pointing out the lack of some clear concepts in the Hungarian regulation. The paper highlights the following: at several employers the workplace and the employees’ place of residence were near to each other but nowadays these workplaces are changed and the employees need to take much more time-consuming trips to the actual workplace. the third part examines the relevant case-law of the CJEU.

  • The Intergenerational justice at the Constitutional Level
    48-64
    Views:
    142

    The debates about the rights of the future generations have risen significantly in the last decade. The more attention we give to the question, the larger the number of new issues which emerge. As an example, the right to a healthy environment or the rights of the unborn can be mentioned. The aim of the study is to examine this question in connection with constitutions. The constitutional level could significantly affect the possibilities of the future generations. The theory of intergenerational justice is examined in relation to the main topic. The analysis of the population pyramid of the Brexit voters is mentioned as an example of a possible intergenerational injustice.

Law & Politics

  • Decentralization of Welfare Services in France
    65-80
    Views:
    111

    The principle of decentralization is widely applied in public administration. Despite the conceptual insecurity decentralization is often linked to the principles of democracy, participation, efficiency providing a normative value for the principle. Practical experiences, however, show that the advantages and disadvantages of decentralization are influenced by historical, economical, social, institutional and cultural context. Decentralization policy to increase the effectiveness of French welfare services could not change the institutional structure with strong historical roots and to improve the service quality. The strengthening of task and competences of the county level led to the failure of decentralization due to the lack of funding, personal and coordination problems.

  • The role of Community Work in Decreasing Prison Population: the Finnish Experience
    81-96
    Views:
    168

    A major part of the endeavours in recent punitive policy is to find alternatives for imprisonment. By a well-thought-out application of alternative sanctions and especially community work, criminal policy may greatly affect the proportion of the imposed sentences of imprisonment. One of the good examples can be seen in Finland, where the prison population of 200 convict per 100.000 citizens could be decreased to the quarter in a few decades. This study endeavours to present this process, hoping that such a short review may be usefully edifying also for Hungarian criminal policy.

Legal Practice

  • Critical Remarks on the Acquittal of Vojislav Šešelj with regard to Instigation, Aiding and Abetting
    97-109
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    123

    Vojislav Šešelj was acquitted by the International Criminal Tribunal for the former Yugoslavia on 31 March 2016. The Trial Chamber of the ICTY assessed evidence on the recruitment of volunteers (who later became perpetrators of international crimes), the defendant’s extremist, nationalistic and public hate speeches, and drew the conclusion that he is not responsible for war crimes or crimes against humanity. The present paper discusses gaps and mistakes appearing in the judgement from the point of view of two criminal liability concepts: instigation and aiding and abetting. After briefly summarizing the standards applied by the ICTY, the author presents a reassessment of the facts referring also to the major arguments of Judge Flavia Lattanzi (dissenting).

  • Likeness of Police Officers: Freedom of the Press and the Right to Facial Likeness at the Crossroads of Civil and Fundamental Rights
    110-128
    Views:
    162

    The Constitutional Court of Hungary, proceeding in its new competence regarding the „real” constitutional complaint obtained from 1 January 2012, is allowed to adjudicate the motions initiated against concrete judicial decisions which are deemed to be contrary to the Fundamental Law of Hungary. Within this procedure the Constitutional Court places the protection of the freedom of expression and freedom of the press above the protection of personality rights. The Court consistently annuls judicial decisions that declare infringement of personality rights on grounds that a press agency published recognizable facial likeness of police officers being on duty during demonstrations. The present paper analyses the course during which the Constitutional Court does enforce the constitutional requirements elaborated in its former practice and, thereby, repeals the ordinary courts’ decisions if those favour the personality rights of police officers over the freedom of the press.

  • Is the New Regulation Justified? Applicability of the New Rules of Self-defense in Case-law
    129-147
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    260

    In the history of the regulation of self-defense, Act C of 2012 has resulted in the most substantial change. The greatest innovation in the act is the introduction of the situational self-defense, which creates an irrebuttable presumption that the unlawful attacks carried out under certain circumstances shall be considered as attacks against life. The new regulation has been criticized a lot, mostly because there are fears that the new rules of law will be misused. Through the case-law of the Supreme Court relating to self-defense in the last ten years, this study intends to reveal whether it was justified to include the situational self-defense in the new law or whether the concerns in connection with situational self-defense can be considered legitimate.

Reviews & Reports

Bibliography

  • Collection of Annotated Bibliographies (2015. Nr. 2)
    165-223
    Views:
    133

    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 second part of the book descriptions of books published in 2015.