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• Access to higher education and right to free movement in the case-law of the CJEU

  134-156

  Ildikó Bartha

  Views:

  130

  This 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.

• Municipal Environmental Protection from a German Point of View

  159-165

  László Fodor

  Views:

  183

  Book 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.

• The European Model of Multifunctional and Sustainable Agriculture

  128-137

  László Fodor

  Views:

  169

  Book 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.

• Editorial

  7-8

  László Fodor

  Views:

  115

  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.

• The Basic Regulatory Issues of Agricultural Application of Precision Genome Editing and the Precautionary Principle

  42-64

  László Fodor

  Views:

  269

  The 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.

• The Concept of the Right to Food in Public International Law

  86-99

  Sándor Szemesi

  Views:

  155

  According 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.

• A Missed Opportunity: the Judgement of the International Court of Justice on the Environmental Related Legal Dispute of Costa Rica and Nicaragua

  181-199

  Orsolya Bányai

  Views:

  375

  This 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.

• Remembering of the Work of Somló Bódog Juristische Grundlehre on the Centenary of its Publishing

  149-157

  József Szabadfalvi

  Views:

  110

  Remembering of the Work of Somló Bódog Juristische Grundlehre on the Centenary of its Publishing.

• Editorial

  7-9

  László Fodor

  Views:

  114

  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.

• Editorial

  6-7

  László Fodor

  Views:

  197

  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.

• Editorial

  7-9

  László Fodor

  Views:

  113

  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.

• Textual Empiricism and Analytical Legal Doctrine: Legal Analysis Sub Specie Linguae

  105-125

  László Blutman

  Views:

  111

  In the article the author outlines the basics of a legal methodology (called textempiricism and analytical legal doctrine), which is consistently language-oriented and empirical. It rests on a relatively simple, seemingly obvious assertion: in order to qualify as scientific proposition, legal propositions need to correlate to authoritative legal texts as empirical linguistic facts. This stance defines the necessary starting point for and primary direction of legal research as well as the terms of legal theorizing, or the methodological foundations of the critique of general legal statements.

• Sustainable development in the EU: Review on Zsuzsanna Horváth’s Book

  158-163

  László Fodor

  Views:

  236

  Review on Zsuzsanna Horváth’s Book, the title Sustainable development in the EU. (Fenntartható fejlődés: Fenntartható termelés és fogyasztás az Európai Unióban. Dóm–Dialóg Campus, Budapest–Pécs, 2016.)

• Rule of Law – Active State: Reconstructing the Conception of the Rule of Law in Zoltán Magyary’s Theory

  9-26

  József Szabadfalvi

  Views:

  168

  Zoltán Magyary was an internationally recognised Hungarian professor of law who carried out research in modern theories of administration and state theories. Defending the values of the rule of law and taking action against the anomalies of legal formalism were among his major scientific goals. According to him, one of the most important functions of a legal system is the protection of human rights, therefore he accepted the view that courts must have the authority to review administrative decisions. At the same time, he stated that the effective and productive functioning of administrative institutions and the executive power is a priority in a legal system. Due to the fact that he did not provide a complete analysis of the correlation between the rule of law and the effective functioning of administrative institutions, he opened the possibility for posterity to give various and different interpretations of the issue.

• Editorial

  7-9

  László Fodor

  Views:

  98

  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.

• Editorial

  7-8

  László Fodor

  Views:

  142

  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.

• Salutatory

  7-8

  József Szabadfalvi

  Views:

  103

  Salutatory of the Dean of the University of Debrecen, Faculty of Law.

• Collision of Judicial Opinions in the Practice of the Curia

  István Erdős

  Views:

  30

  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.

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

  97-109

  Eszter Kirs

  Views:

  120

  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).

• A főszerkesztő előszava

  7-8

  László Fodor

  Views:

  219

  The twentieth issue of our journal is now in the hands of the esteemed Reader. Already at the start of the Pro Futuro, our editorial board set the goal of publishing issues in English from time to time. In 2019, we finally had the opportunity to do so.

• Book review: Csaba Fenyvesi–Csongor Herke–Flórián Tremmel (eds.): Forensic Science (’Kriminalisztika’)

  196-202

  Krisztián Szabó

  Views:

  158

  Although the prosecution of crimes dates back to the creation of the human society, the „science” of investigation in the modern sense, i.e. forensic science, appeared only in the 19th century, and the first comprehensive university textbook on forensic science was published in Hungary in 1965. In the 60 years since then, thanks to the explosion of scientific and technical knowledge, forensic science has undergone radical changes. Edited by Csaba Fenyvesi, Csongor Herke and Flórián Tremmel, the book on Forensic science provides a comprehensive introduction to the concepts of forensic science, the most important elements of criminal technique and criminal tactics. The book is a valuable contribution to the field of forensic science and provides a realistic picture of both the present and the possible future of forensic science. This book review discusses the importance of the book for forensic science, based on certain specific institutions of forensic science.

• Editorial

  7-8

  László Fodor

  Views:

  180

  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.

• PPP as an umbrella term

  62-78

  Judit Varga

  Views:

  119

  In this study the author examines the legal institution of PPP (Public Private Partnership) in Western legal cultures. As a result of the analysis, the author finds that PPP is a blanket term which includes all contracts concluded between public and non-public sectors where the subject of the contract is the implementation of a public task and the term of the contract is relatively long. The second part of the study collects and analyses the possible classifications of PPP contracts, including the short introduction of the most typical PPP contracts.

• Two saddles by one bottom only? The road transport regulation of the European Union concerning energy efficiency and energy conservation

  23-34

  Orsolya Bányai

  Views:

  110

  This article analyses and criticises regulation of the European Union (hereinafter: EU) in the field of energy consumption of road transport sector from ecological point of view. Three main regulatory tools are in the focus: EU CO2 -emissions requirements, energy efficiency labelling of vehicles and passenger car related taxes (Annual Circulation Taxes, Registration Tax). Changes are proposed in order to develop the efficiency of this EU level regulation.

• Approaching Possibilities of Quasi-Judicial Functions

  120-135

  Zsuzsanna Árva

  Views:

  93

  This article is about the possibilities of Quasi-Judicial Functions. The author bound administrative jurisdiction from court law enforcement.