Search

Search Results

• The New Hungarian regulation of Working Time, Rest Periods and Paid Leave in the Light of the Workers’ Interests

  31-47

  Tamás Prugberger

  Views:

  426

  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.

• Economic Policy Cooperation in the European Union – Which Way to Go?

  34-52

  Gabriella Csűrös

  Views:

  169

  during the realization of your dream obstacles may arise and they differentiates your choice – „which way to go?” there is an ongoing debate which way the eu should go. the eu has already reacted to the crisis – are these measures satisfactory? Which way the eu seems to choose? to be able to answer some of these questions preliminary studies are necessary. In order to identify the european union you must define the aim, the instruments of the aim, the characteristics, the defects and the changes of these instruments.

  As a matter of fact nowadays the most vital topic is the stabilisation role of the EU. In view of governmental methods, coordinative and regulative governmental methods usually have more stabilisation effects in the EU than financial governmental method. Owing to the crisis, the coordinative and regulative governmental methods have undergone changes. The steps that were made by the EU in the field of financial governmental method are considerable – though further actions should be taken. The financial method with stabilisation function is insufficient. The EU budget cannot play stabilisation function because of limitation of EU revenues. If the EU holds on to the dream of economic and monetary union, the EU should strengthen the tools of economic governance to be able to reduce the shortcomings of one-armed economic governance not only at EU but also at Member State governmental level. Measures taken up until now show other way: they create the vision of a more multi-speed and „multi-way” process...

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

  80-96

  Judit Varga

  Views:

  86

  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.

• Current challenges of the European legislation on agricultural law

  98-104

  Annamária Csilla Gyüre

  Views:

  130

  Book review on the book ed.: Csák Csilla, Novotni Kiadó, Miskolc, 2010., the title is Az európai földszabályozás aktuális kihívásai.

• Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research

  54-61

  Péter Sólyom

  Views:

  108

  The German Council of Science and Humanities (Wissenschaftsrat) in 2012 published its study „Perspectives of Legal Scholarship in Germany. Current Situation, Analyses, Recommendations”. The recommendations are preceded by empirical and quantitative descriptions that provide information on the current situation of legal study and research in Germany. The document emphasizes the importance of cooperation between theoretical and practical part of the legal education. The report considers that students should acquire the ability of critical approach to legal prac- tice instead of memorising the substantive legal rules.

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

  129-147

  Viktória Deák

  Views:

  263

  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.

• The new Civil Procedure Code – from order for Payment Perspective

  94-113

  Judit Molnár

  Views:

  109

  The study aims to assess the basis of the features of the new Civil Procedure Code, it is a general background of the non-litigious procedures. The research seeks to answer two questions: whether the new Civil Procedure Code satisfies the requirements of the non-litigation requirements; and whether it leads to a change in the regulation of non-litigation procedures. The study whittled down the scope of the investigation to the order for payment procedure. Based on the primary research, the sections of the draft of the new Civil Procedure Code, which are referred to by the order for payment procedure, are two ways to present: content unchanged, and content changed. The study examines the impact of the latter, and draws conclusions based on the changes in content on the relationship of the order for payment procedure and the new Civil Procedure Code.

• Social Psychology of Law

  158-162

  Angéla Gábri

  Views:

  222

  Book review on the book Hunyady György–Berkics Mihály (szerk.): A jog szociálpszichológiája – A hiányzó láncszem. ELTE Eötvös Kiadó, Budapest, 2015. 

   

• Editorial

  7-8

  László Fodor

  Views:

  206

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

• Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice

  123-138

  Márton Leó Zaccaria

  Views:

  298

  This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.

• The Ecclesiastical Percentage(s)

  62-79

  Bernadett Szilágyi

  Views:

  99

  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.

• Constitutional Foundations of EU Membership in Hungary Before and After the new Fundamental Law

  29-47

  Flóra Fazekas

  Views:

  197

  The paper examines the Hungarian constitutional framework which determines the relationship between domestic and EU law. The constitutional foundations changed in 2011 when the new constitution, the Fundamental Law was adopted. The former 1989 Constitution contained in Article 2/A the so-called ’European clause’ adopted before EU accession, which was referred to as the main constitutional basis of Hungary’s EU membership by the Constitutional Court. The new Fundamental Law contains a seemingly similar ’European clause’ in Article E. The paper scrutinizes the question whether the former and the new clauses are truly similar and concludes that opposite to the Constitutional Court’s point of view the new European clause should be interpreted differently from the former, which might lead to a different, less Europe-friendly approach towards EU membership.

• On the Nature of Political Corruption

  87-97

  Emese Szilágyi

  Views:

  104

  This article summerize the essay of Samuel Issacharoff (Harvard Law Review , 124. 1/2010. (November), 119-142.)

• New attempts in EU law for the improvement of the consular protection of EU citizens in third countries

  9-23

  Adrienn Becánics

  Views:

  128

  The right of EU citizens to consular protection in third countries, where their Member State is not represented, is one of the most significant rights attached to the European citizenship. With the existing legal basis laid down in the Treaty on European Union and the Treaty on the Functioning of the European Union, the right to consular protection of EU citizens has all the conceivable chances to be established uniformly by union actions and under the supervision of the European Court of Justice. The aim of the Council Directive (EU) 2015/637 is to lay down the cooperation and coordination measures necessary to further facilitate consular protection to unrepresented citizens of the European Union. Nevertheless the directive does not affect consular relations between Member States and third countries. The present paper focuses on the actions had been taken in this field from the treaty establishing the European Economic Community until the achievements of the Treaty of Lisbon and the aforementioned Council Directive.

• New routes, new tools for the legal regulation of the labour market? Comments on the monograph of Attila Kun

  157-165

  Henriett Rab

  Views:

  176

  Book review on Attila Kun's book, the title is "A munkajogi megfelelés ösztönzésének újszerű jogi eszközei" Károli Gáspár Református Egyetem, L’Harmattan Kiadó, Budapest, 2014.)

• Editorial

  7-8

  László Fodor

  Views:

  200

  The twenty-first 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.

• Some theoretical and Practical Issues of Sentencing

  11-25

  Ágnes Pápai-Tarr

  Views:

  247

  Sentencing is connected to the trial stage of the criminal procedure; more precisely, it takes place at its end. Judges fulfil only a part, and not even the hardest one, of their duty by establishing criminal liability as a result of the evidentiary procedure. Sentencing is a rather complex and complicated process. Judges face a lot of expectations: they often have to reconcile contradictory expectations with each other in order to impose a satisfactory sentence for the parties. The process of sentencing has received intense criticism. Sometimes judges are accused of imposing unduly lenient sentences or criticized for too severe punishments.

  Another problem is presented by the fact that different sentences are passed for crimes of the same sort at different courts in the country. Sentencing thus raises many theoretical questions that I seek to answer in the study.

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

  131-138

  Sándor Szemesi

  Views:

  111

  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.

• The British Isles and the Arctic: Episodes from the Past and Present

  159-170

  Daniel Haitas

  Kitti Antal(Translator)

  Views:

  103

  The article explores certain past and present aspects of Britain’s engagement with the Arctic. More specifically, it looks at English and Scottish connections with the area of Spitsbergen (present-day Svalbard, Norway), focusing on exploration and whaling, as well as competition with European powers. Certain legal issues that subsequently arose over the course of time regarding the area are also looked at. Additionally, it examines modern tensions surrounding Svalbard, between the European Union and Norway in the aftermath of Brexit, specifically due to the allocation of fishing quotas. This illustrates the impact that Brexit has had in various different areas. The study also deals with the United Kingdom’s present engagement with the Artic, including Scotland’s attempt at formulating an independent Arctic policy.

• Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification

  120-141

  Zsuzsanna Szabó

  Views:

  139

  Today, in the European multi-level and cooperative constitutional area the European Convention on Human Rights, the constitutional value provisions of the EU Treaties together with the Charter of Fundamental Rights of the EU, as well as the constitutions of the member states of the EU function as parallel constitutions. The legal remedies offered by international forums by nature are subsidiary, because it is desirable that legal issues of human rights be solved by the states at national level. The obligation of the exhaustion of domestic legal remedies as a procedural precon- dition is needed in order that the national level should have the chance to remedy the violation of human rights within its own legal system.

  The present paper focuses on Art. 8 para. (1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of goverment officials by two months’ notice period without any justification. The research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury by violation of human rights – were forced to turn to international forums because of the fact that the Hungarian legal system was not able to grant them adequate reparation. Therefore, the examination also evaluates the current level of fundamental rights arbitration and the jurisdiction using fundamental principles in Hungary.

• The Effect of the Jurisprudence of the ECHR on the Hungarian Criminal Procedure Act

  128-150

  Krisztián Szabó

  Views:

  279

  The case law of the European Court of Human Rights and the European Convention on Human rights set the minimum level for the protection of fundamental rights that has to be guaranteed by all contracting parties, although national laws can establish higher standards. Point II of the general explanations of Bill No. T/13972 on the new Act on Criminal Procedure states that “meeting the requirements of the Fundamental Law of Hungary and the obligations of international law and EU law obviously mean a safeguarding minimum.” In Hungary the case law of the ECHR is reflected more and more both in the judgements of Hungarian courts and in the guidelines of higher courts but the difficulties of establishing interpretations in harmony with ECHR case law are common. The paper analyses the judgments of the ECHR in Hungarian cases between 2013 and 2016 related to pretrial detention, effective defence and the circumstances of restraint.

• Legal position of the roma minority under International and European Law : Thoughts on the monograph of Anikó Szalai

  166-170

  Sándor Szemesi

  Views:

  160

  Book review on Aniko Szalai's book, the title is Protection of the Roma Minority under International and European Law. (Eleven International Publishing, the Hague, 2015.)

• Editorial

  7-8

  László Prof. Fodor

  Views:

  170

  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:

  106

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

• Freedom of Speech and Inclusive Society

  9-32

  Gábor Attila Tóth

  Views:

  137

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