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Imposing Punishments in Practice: The Practice of Imposing Sentences on Drink Driving Based on File Research
114-132Views:199I researched the practice of imposing punishments on drink driving in the area of authority of the Court of Debrecen, as a major part of a comprehensive study of the imposition of sentences. The main aim of the research was to collect data about the imposition practice regarding offences which are committed en masse, and result in uncomplicated judgements. Another aim was to study how detailed was the exploration of the factors concerning the personality of the offender, and to what extent the judge could take into account such information during the individualised imposition process. This study describes the results of the file research, primarily focusing on the observations regarding the imposition of certain types of sanctions.
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Crimean Secession in International Law
9-28Views:312This article provides detailed insights into the validity of remedial secession, the two major judicial opinions that have addressed it (Kosovo advisory opinion by the International Court of Justice, and the Quebec Secession Reference case decided by the Supreme Court of Canada), and the steep, but evolving, path to legitimacy it may now be travelling. This article does so within the context of Crimea’s secession referendum, declaration of independence, and de facto statehood, and Russia’s annexation of Crimea. It covers the international community’s reaction to these events – and the disparity among academic reactions to the vitality of remedial secession. It traces the UN General Assembly’s 2014 Crimean debate – concluding that it is the most authoritative referee for judging Russia’s claim to the validity of the Crimean secession.
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Recent Developments in Labour Law Liability
145-155Views:157This article is about the new labour law regulation (Act 2012/1.) in the field of liability for damages.
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The Role of the Local Goverments in the Changed System of Environmental Public Administration
79-93Views:186This study investigates the transformation of environmental protection as a specialized administrative duty in Hungary, with special attention on the (changing) roles of local self-governments in this area. Following the outline of the general correlations within the topic, the study inspects several individual administrative fields, with attention given to the relationship with environmental protection policies. Our plan is to extend this analysis in the future, in hopes of covering additional specialised administrative areas as well. Our firm opinion is that the solutions provided by the sectorial approach inherent in our administrative system proved to be ineffective insolving today’s global issues. To ensure an effective environmental protection strategy, the organizations of public administration must be involved with larger roles assigned to them. Although the methods of regulation in this area are diverse, the most widespread approach proves to be the direct administrative intervention, even nowadays.
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Civil Review: Book Review of “Civil Society in Europe - Minimum Norms and Optimum Conditions of its Regulation”
164-176Views:266Civil society is under pressure in many countries. Governments appear to be less and less tolerant of the opinion of civil society advocates, rights defenders and watchdog organizations. This book is given relevance by Lex NGO which restricts the operation and implementation of the activities of Hungarian non-governmental organizations. The volume of studies defines the minimum standards and optimal conditions that are essential for key players in civil society to be able to achieve the goals set by organizations and to contribute to the formation of democratic public opinion. In my analysis I placed more emphasis on those parts of the volume that may be important in the amendment of Lex NGO and similar legislation.
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Opinion or statement of fact?
48-68Views:255Press correction is a special way to defend personality rights on the basis of civil law. Its main objective is that if someone states or rumours a false fact or makes a fact appear untrue about a person in a given publication, the affected person has the right to submit his claim – as soon as possible – in order to have a rectifying communication be given out in the particular publication showing which part of the injurious publication states false, unfounded facts or makes a fact appear untrue and what is the reality. If the publisher does not satisfy its duty to correct the injurious publication voluntarily, the affected person – in a short period – has the right to enforce his claim for press correction in an accelerated judicial procedure which allows only restricted production of evidence.
The most frequent question of the press correctional lawsuits is whether the content of the publication turns out to be a statement of fact or an opinion. The opinion, assessment, critique and debates about society, politics or art cannot serve as a basis for press correction. The statement of fact is a declaration about a given momentum of reality, the assertion or rumour that something has happened in a certain way or that something really exists. In opposition to the statement of fact, the opinion expresses a value judgement or critique, and false facts cannot be concluded from it even indirectly. It is hard to define on an objective basis if a declaration is a statement of fact or an opinion. As life creates a wide range of various situations, the developing legal interpretation by the judicial practice has a great impact especially as regards the distinction between a statement of fact and an opinion, the interpretation of the publication or the determination of the content and form of the press correction.
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The Legal Status of the Inventor in the First Hungarian Patent Act
19-33Views:98The first Hungarian Act on Patents was adopted in 1895. The study examines the regulation of the inventor’s legal status in this act and the problems the legislature had to solve. In the first part of the study the inventor’s rights are described regarding the inventor’s personal and valuable rights and interests. By the beginning of the 20th century license became the most important valuable right and interest, although its regulation could not be found in any act. In fact, a decision of the Patent Court in 1928 declared the regulation of leasehold valid, which raised greater and greater difficulties in legal application from the second half of the 20th century. The second part of the study examines the inventor’s obligation of payment and functioning. The latter is one of the special features of the intellectual property system which is regulated by the Industrial Property Union.
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Legal Regulation and Practice of the Non-Material Indemnification and Rehabilitation in the United Kingdom
165-183Views:140The article analyzes the specialties of the English legal system with a focus on the legal regulation and court practice of tort law, and especially the non material indemnification and rehabilitation of the bodily injured. The study starts with the description of the main characteristics of the tort law, the definition and jurisprudence of non material damages, like pain and suffering and loss of amenity and psychological damages are also reviewed in detail with respective court cases. The study also gives an analysis of the connection between tort law and insurance law, how one effects the other. Nowadays the indemnification process of the bodily injured cannot be full without rehabilitation. Like in most of the Western European countries, in the United Kingdom the rehabilitation process is a complex and centrally managed procedure with the help of state institutions and programs.
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The Legal Status of Victims of Sexual Violence in International, European Union and Domestic Law
Views:56The 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.
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Energy audit: EU-Law and its implementation in Germany
29-41Views:191The Energy Efficiency Directive (EED) No. 2012/27/EU establishes a set of binding measures to help the EU to reach its 20% energy efficiency target by 2020. Energy audits are an essential tool to achieve adequate energy savings (see art. 8. EED). The current study focuses on the EU legal requirement on Energy Audits and its implementation in Germany by the 2015 amended Act on Energy Services and other Energy Efficiency Measures (Gesetz über Energiedienstleistungen und andere Energieeffizienzmaßnahmen – EDL-G). The analysis is still relevant because of the infringement proceedings against Germany by the European Commission based on fragmentary transposition of the EED.
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Editorial
7-9Views:94In 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.
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Implementation of the European Small Claims Procedure in the Member States of the European Union
41-59Views:127It has been seven years since the european Small Claims Procedure was introduced as a sui generis european procedure and an alternative to existing national civil procedures. However, it works in close interaction with national laws, as the regulation leaves many aspects of the procedure to national legislation. The article analyzes the legal instruments that serve the implementation of regulation 861/2007/ EC in member states, particularly the issues of mutual recognition and enforcement of ESC judgments, communication between the court and the parties, review and appeal of the judgment, and other specific issues. It concludes that knowledge of national procedural law is often vital to succeed in an ESC procedure in a foreign country. Smooth and efficient functioning of the procedure requires cooperation mechanisms not only among member states, but also among judges, lawyers, and enforcement officers.
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Ideal image and the reality: the changing of career plan among stu- dents of law faculties in the university studies
81-113Views:174The present study examines how the image of profession changes for law students in the different stages of their connection with the profession. It assumes that at the beginning of their studies, law students have an idealised image of their chosen study program and the profession based on it. This image changes during the years of studying, and especially after graduation, it is shifted by work experience and by the factual state of the profession. Students of the Faculty of Law, especially law students identify themselves based on the internal and external elements of a prestigious profession, which was established hundreds of years ago. Due to their early career choice, their professional socialization during the first years at the university creates the ideal image of the legal profession, which they strongly relate to. The relationship of this ideal image to reality, and how different it is from the real situation of various professional groups of the legal profession is an important question. The present study answers this question based on the results of multiple empirical researches.
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Rechtsphilosophischer Hintergrund der Generationengerechtigkeit
8-22Views:220Die aktuellen Bedürfnisse der heutigen Generation und die Lebensperspektiven künftiger Generationen sollten zueinander in einer Balance stehen. Das derzeit geltende Umweltrecht leistet die gebotene Konkretisierung/Operationalisierung erst in Ansätzen. Der Exkurs in (rechts-)philosophische Zusammenhänge macht deutlich, dass es im Umweltbereich intergenerationelle Gerechtigkeit allenfalls dem Grunde nach geben kann. Als Konsequenzen der theoretischen Überlegungen sind die Notwendigkeit einer Institutionalisierung sowie eine Optimierung der (umwelt-)rechtspolitischen Steuerung unter Nutzung reflexiver Gestaltungsansätze abzuleiten.
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About the German Energy Transition
111-119Views:122Conference report Energiewende in der Industriegesellschaft. 29. Kolloquium zum Umwelt- und Technikrecht, Trier, 2013. szeptember 5–6.
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Editorial
9-11Views:134In 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.
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Editorial
6-7Views:190Editorial of the second issue of the journal.
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.
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Editorial
7-9Views:140In 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.
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Access to higher education and right to free movement in the case-law of the CJEU
134-156Views:133This article examines the jurisdiction of the Court of Justice of the European Union (CJEU) concerning the right of EU citizens to gain access to higher education in other EU Member States. The case-law plays an important intermediary role between various EU policies, often contributing to their more effective implementation in this way. The paper presents an obvious example for that as legal principles developed by the Court in free movement and antidiscrimination cases essentially facilitate the promotion of student mobility that is one of the fundamental objectives of the Bologna Process and the Union‘s education policy. At the same time, free student mobility may go against national education policies and interests and Member States are often reluctant to accept that the rulings, despite the limited competencies conferred upon the EU to take measures in the education sector, set narrow boundaries for national actions. The analysis also seeks to indicate those factors which have an influence on the Court‘s sensitivity towards interests and policy autonomy of the Member States in the field of higher education.
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Municipal Environmental Protection from a German Point of View
159-165Views:200Book review on Hebeler, Timo–Hendler, Reinhard–Proelβ, Alexander–Reiff, Peter (Hrsg.): Kommunaler Umweltschutz. 30. Trierer Kolloquium zum Umwelt- und Technikrecht vom 4. bis 5. September 2014. UTR Band 128, Erich Schmidt Verlag, Berlin, 2015.
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The European Model of Multifunctional and Sustainable Agriculture
128-137Views:184Book review on the books Käb Peter: Agrarrechtliche probleme einer multifunktionalen Landwirtschaft. Baden-Baden, Nomos, 2010. és Eickstedt von Falkrembert: Vom Landwirt zum Landschaftspfleger: Umweltrechtliche Verhaltenssteuerung im Rahmen der Gemeinsamen Agrarpolitik am Beispiel des Akcerbaus. Baden-Baden, Nomos, 2010.
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Editorial
7-8Views:123In 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.
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The Basic Regulatory Issues of Agricultural Application of Precision Genome Editing and the Precautionary Principle
42-64Views:283The rapidly developing gene manipulation techniques (more recently „gene editing”) have long been controversial, which is reflected in the evolution of legal regulation in Europe. Hungaryʼs Fundamental Law (Art. XX.) clearly states that Hungarian agriculture desires to remain free from genetically modified organisms. According to the Hungarian Academy of Sciences (MTA resolution, 2017), the results of the new techniques (without transgenic implantation) are not regarded as GMOs (by the proper application of the genetic engineering law), these new techniques are not governed by the provisions of the Fundamental Law. Recently, a lawsuit was filed before the Court of Justice of the European Union in which the main question was whether GMOs should be considered the result of new techniques (if not, they do not need to be licensed). In the light of a detailed analysis of the precautionary principle, the study examines the question of whether genetic engineering or its results cover the scope of the legislation. According to the author, this question (as long as the revision of the regulation is not on the agenda) is not for the genetic technologists and plant breeders, but for the lawyers to decide. The conclusion of the study is that genetic engineering, respectively its results are subject to the regulation.
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The Concept of the Right to Food in Public International Law
86-99Views:164According to the Food and Agriculture Organization of the United Nations (FAO), at least 868 million people are undernourished nowadays. Combating against hunger and malnutrition shall not only be a moral duty, but a legally binding human rights obligation. The right to food is recognized firstly within the text of the Universal Declaration of Human Rights adopted in 1948, as part of the right to an adequate standard of living, however nowadays it is considered to be a substantive right. This study deals with the key aspects of the right to adequate food in public international law, including its definition, content and enforcement, as well.
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A Missed Opportunity: the Judgement of the International Court of Justice on the Environmental Related Legal Dispute of Costa Rica and Nicaragua
181-199Views:380This article introduces and evaluates the judgment of the International Court of Justice (ICJ) regarding the case concerning certain activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) proceedings joined with construction of a road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) from an environmental point of view. The case was one of the latest environmental related affairs before the ICJ and the Hungarian literature had been looking forward with great expectation regarding the Court’s award. The conclusion of this essay is that in spite of the nature of the dispute, the symmetry of the conflict and the constant need for the improvement of the general international environmental law, the ICJ missed the opportunity to develop international environmental customary law and the case will stay in the shadow of the ICJ’s previous judgement on Pulp Mills on the River Uruguay.