Vol. 4 No. 1 (2014)

Published June 4, 2014

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Editorial

  • Editorial
    7-8
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    136

    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

  • Freedom of Speech and Inclusive Society
    9-32
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    151

    This article deal with the most actual theme of the limitation of the freedom of speech the hate speech.

  • Technology in Legal Regulation’s Service? Efforts in the Field of Data Protection
    33-45
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    210

    The interaction between technology and data protection is quite well-known and widely accepted in the legal literature concerning privacy protection. This essay tries to sum up the efforts to line up the technology itself to defend one’s privacy, often threated by technological development. The essay first shows the relevance of the Privacy Enhancing Technologies (PETs), and the basic concept of the Privacy by Design principle, and then analyses both the current and the proposed European legal regulation focusing on these issues.

  • Public Hearing as a Safeguard of Fair Trial in Criminal Proceedings
    46-61
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    186

    The primary aim of my paper is to examine the questions related to the institute of public hearing. As we know, publicity is one of the most important safeguards of fair trial in criminal procedure. In my opinion, it is necessary to examine these procedural questions in a scientific depth in the light of both the case decisions of the High Courts and the practice of the European Court of Human Rights. The study examines one of the important pledges of a fair trial, the effectiveness of the basic principle of publicity in the criminal procedure. It explores the principle from a dogmatic point of view, and also in the light of both the European standards and the regulations currently in force. It mentions the limitation and exclusion of publicity, and the legal consequences of violating publicity in a great detail. Classic legal institutes are shifted into new dimensions by the technical improvements of the modern world and the media broadcasts from courts, and the paper points it out that for the sake of having an undisturbed court hearing and verification, some modifications on certain legal regulations may be justified. The study also mentions the standpoints of legal literature regarding the notion of publicity in detail, and by summarizing them it attempts to define the notion of the given basic principle as per aspects of law science, considering the characteristics of the 21st century. After the establishment of law theory principles, besides introducing the regulation in force and touching upon court practice, my paper analyzes questions that are more and more current, especially due to the reports by the electronic media, which sometimes cannot only disturb the order of the court, but also the procedure of verification. So, after the examination of basic hypotheses and the legal institute, it draws the conclusion that the development of the legal institute justifies the modification of the procedural law in the future, especially in connection with informing the press.

  • The Ecclesiastical Percentage(s)
    62-79
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    117

    Church financing is a multiple system. One of its elements, introduced in 1997, consists of taxpayers’ offer which is a determined part of their personal income tax. The study examines the regulation of tax management from the perspective of taxpayers and beneficiaries. This method of financing has an important budgetary consequence, i.e. the budget completes the sum of the allocation of personal income tax for Churches to a specified extent. The study examines several contradictions with respect to the application of this financing method.

  • 3P and the Hungarian Local Governments – Defects of a Legal Institution’s Application
    80-96
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    106

    It’s a huge challenge to qualify the operation of an organised society’s needs especially because of the limited resources. The task above has put pressure on the states since the middle of the XXth century. To solve the pervious problem the states started to find new, non-traditional, alternative tools, legal institutions which are able to include other sectors resource (e. g. private sector’s) into the provision of the public duties. One of these alternative legal institutions is the Public-Private Partnership (PPP). The study tries to answer the question: what results has adapted this legal tool by the Hungarian local governments.

  • Punishable Children
    97-111
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    221

    In Hungary from the 1990s in line with the international tendencies a number of studies were published in the literature urging the reform of the criminal law dealing with juvenile crime. Simultaneously one can establish that among others due to the increasing criminal rate the reasoning for the reduction of the lower age limit of punishability to the age of 12 has started. During the codification process a number of arguments were given for and against the alteration of the age limit of punishability. However setting the lower age limit of punishability below fourteen can be found in the criminal law regulations of Hungary and also of other European countries. This paper examines the antecedents, reasons and possible amendments of the regulation of the new Criminal Code on the age of punishability.

  • The Relationship between Power and Crime (Criminological approach)
    112-125
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    142

    During the presentation of the relationship between power and crime the criminologist-author attempts to define power-crime, including crimes committed by the state. Based on international literature, it deals with special features of the power/ state deviances and the characteristics of victims of power crimes.

Legal Practice

  • The Practice of the African Commission on Human and Peoples’ Rights concerning the Rights of the Indigenous Peoples, with special regard to the Ogoni Case
    127-143
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    185

    The aim of the current article is to analyse the protection of indigenous peoples’ rights offered by the African human rights mechanism by introducing its institutional framework and jurisprudence. The author has the opinion that the African mechanism has followed in the footsteps of the Inter-American system and has interpreted the already existing substantial norms in an evolutive manner; thus achieving tremendous results in the acknowledgement and protection of indigenous rights. They did so with such success that now the “master” – namely the Inter-American Commission on Human rights – is quoting the student. It follows from the above mentioned lines that – according to the firm opinion of the author – the African mechanism worth the attention both present time, both in the future, due to the simple fact that new trends regarding indigenous rights may arise from the practice of the African Commission.

  • Integration of the Hungarian Water Utility Supplier from a Legal Aspect
    144-162
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    125

    The present article focuses on the integration of water utility supplier operated public water utility supplies in Hungary. According to the new Hungarian law (namely Act CCIX of 2011 on water utility supplies), the integration is merely one element of the instruments of the decision-makers to achieve their goals. According to the preamble of the act, the goals are the followings: to establish the basic rights and obligations of water utility supply, to protect national water utility property, to provide sustainable development in water utility sectors, to fulfil the objectives of the protection of drinking water resources and to ensure the conditions of water utility supply serving the extensive promotion of consumer protection, furthermore to ensure the implementation of these objectives by detached and transparent regulations. Expectedly, the procedure will be finished only by 2016, however, the number of water utility suppliers having existed before the adoption of the new law (i. e. circa 400 suppliers) has been reduced to approximately one-tenth by begin of 2014.

Bibliography

  • Collection of Annotated Bibliographies (2012. Nr. 1)
    169-212
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    137

    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 2012.

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